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UNITED STATES v. DePUGH

No. 22288-4.

266 F.Supp. 453 (1967)

UNITED STATES of America, Plaintiff, v. Robert Bolivar DePUGH, Defendant.

United States District Court W. D. Missouri, W. D.

January 27, 1967.

Attorney(s) appearing for the Case

F. Russell Millin, U. S. Atty., Calvin K. Hamilton, Asst. U. S. Atty., Kansas City, Mo., for plaintiff.

William H. Costello, William J. Gilwee, Kansas City, Mo., for defendant.

MEMORANDUM AND ORDER

ELMO B. HUNTER, District Judge.

Defendant Robert Bolivar DePugh has filed a motion to dismiss alleging that the indictment (1) does not state facts sufficient to constitute an offense against the United States; (2) is based on a statutory section (Title 15, Section 902 (e) U.S.C.) that is unconstitutional by denying equal protection of the laws and stripping defendant of his "presumption of innocence until proven guilty beyond a reasonable...

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