UNITED STATES v. BIRRELL

No. 61 Cr. 692.

266 F.Supp. 539 (1967)

UNITED STATES of America v. Lowell M. BIRRELL, Defendant.

United States District Court S. D. New York.

April 3, 1967.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for the United States, Arthur L. Liman, Sp. Asst. U. S. Atty., and Stephen L. Hammerman, Asst. U. S. Atty., of counsel.

William J. Brennan, III, New York City, for defendant, Lowell M. Birrell


OPINION

HERLANDS, District Judge.

This motion by the defendant* to dismiss Counts Two through Sixteen of the indictment or, alternatively, to compel the Government to elect one count out of Counts One through Sixteen for purposes of trial poses an interesting question of criminal pleading usually considered under the rubrics of "duplicity," "multiplicitousness" or "fragmentation of crimes."

The answers to the questions...

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