UNITED STATES v. VAIL

Crim. A. No. 10861.

252 F.Supp. 823 (1966)

UNITED STATES of America, Plaintiff, v. E. S. VAIL, Defendant.

United States District Court S. D. Ohio, W. D.

January 19, 1966.


Attorney(s) appearing for the Case

Charles G. Heyd, Asst. U. S. Atty., Cincinnati, Ohio, for plaintiff.

J. Vincent Aug, Cincinnati, Ohio, for defendant.


JOHN W. PECK, District Judge.

This cause is presently before the Court on defendant's second motion to dismiss the indictment and all the counts thereof on the ground that it fails to charge an offense against the United States. The basis of the prior motion, which was overruled, was that the indictment failed to state the law which imposed the duty upon defendant to file quarterly gasoline excise tax returns.

The United States subsequently filed a Bill of...

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