UNITED STATES v. EMLER

No. 77-5182.

570 F.2d 584 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. John Robert EMLER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Motion for Rehearing Denied January 19, 1978.

Certiorari Denied March 20, 1978.


Attorney(s) appearing for the Case

Gershwin A. Drain, F. Randall Karfonta, Detroit, Mich., for defendant-appellant.

Philip M. Van Dam, U. S. Atty., Detroit, Mich., Loren G. Keenan, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before EDWARDS, LIVELY and ENGEL, Circuit Judges.


ORDER

On receipt and consideration of an appeal in the above-styled case wherein appellant was convicted for interstate transportation of forged or counterfeit securities under 18 U.S.C. § 2314 (1970); and

Noting that the sole appellate issue is an attack upon the sufficiency of the indictment which did not squarely use the statutory language referring to "unlawful or fraudulent intent"; and

Further noting the grand jury indictment did, however...

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