MOWERS v. UNITED STATES ATTORNEY GENERAL

No. 68 Civ. 4162.

297 F.Supp. 535 (1969)

John Henry MOWERS, Plaintiff/Petitioner, v. UNITED STATES ATTORNEY GENERAL and United States Attorney for the Southern District of New York, Defendants/Respondents.

United States District Court S. D. New York.

March 25, 1969.


Attorney(s) appearing for the Case

John Henry Mowers, pro se.

Robert M. Morgenthau, U. S. Atty., S.D.N.Y., by Kevin J. McInerney, New York City, of counsel, for defendants-respondents.


OPINION

EDELSTEIN, District Judge.

This is an action for a declaratory judgment brought under 28 U.S.C. § 2201 in which the plaintiff seeks to have 18 U.S.C. § 371, a section generally deeming conspiracies to commit offenses against the United States punishable, declared unconstitutional essentially on the ground that it does not specifically command that when an alleged co-conspirator testifies for the government the prosecution must reveal at...

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