UNITED STATES v. DUMA


228 F.Supp. 755 (1964)

UNITED STATES of America, Plaintiff, v. Stephen DUMA, Defendant.

United States District Court S. D. New York.

February 28, 1964.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for the S. D. New York, for the United States; Richard A. Givens, Asst. U. S. Attorney, of counsel.

Simonson & Cohen, Staten Island, N. Y., for defendant; Daniel Cohen, Staten Island, N. Y., of counsel.


WYATT, District Judge.

The first point is the motion to dismiss the five counts, 11, 12, 13, 14 and 15, because no part of the offense was committed in the Southern District, through which the mailed matter passed but in which there was no mailing and no receipt of mail.

When I studied that question and read the cases cited for the defendant it confirmed my first feeling that 18 U.S.C. § 3237(a) gives a plain answer to the motion and requires that it...

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