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UNITED STATES v. WABAUNSEE

Nos. 75-1004, 75-1005.

528 F.2d 1 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. William R. WABAUNSEE and Vivian Wabaunsee, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1975.

Attorney(s) appearing for the Case

Richard T. Sikes, Chicago, Ill., for defendants-appellants.

Donald B. Mackay, U.S. Atty., John Germeraad, Asst. U.S. Atty., Springfield, Ill., Robert J. Kauffman, Asst. U.S. Atty., Peoria, Ill., for plaintiff-appellee.

Before CLARK, Associate Justice, CASTLE, Senior Circuit Judge, and SWYGERT, Circuit Judge.

CASTLE, Senior Circuit Judge.

The question raised in this appeal is whether an indictment is sufficient as a matter of law where it fails to allege an essential element of the offense sought to be charged but instead merely cites the statute section of the offense.

William R. Wabaunsee and Vivian Wabaunsee were indicted for interstate transportation of stolen property having a value in excess of $5,000.00 in violation of 18 U.S.C. § 2314. The one-count...

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