UNITED STATES v. CARRIER

No. 534, Docket 81-1310.

672 F.2d 300 (1982)

UNITED STATES of America, Appellant, v. Mary Frances CARRIER, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 1, 1982.

Certiorari Denied June 21, 1982.


Attorney(s) appearing for the Case

George Lowe, U. S. Atty., N. D. N. Y., Syracuse, N. Y. (John J. McCann, Joseph Pavone, Asst. U. S. Attys., Syracuse, N. Y., Ronald N. Ohata, Atty., Dept. of Justice, Washington, D. C., of counsel), for appellant.

Ronald R. Benjamin, Binghamton, N. Y., for appellee.

Before TIMBERS, KEARSE and CARDAMONE, Circuit Judges.


Certiorari Denied June 21, 1982. See 102 S.Ct. 2972.

CARDAMONE, Circuit Judge:

An indictment was dismissed which without embellishment simply tracked the language of 18 U.S.C. § 871(a) that makes it a crime "knowingly and willfully" to make "any threat to take the life of or to inflict bodily harm upon the President of the United States."1 The district court found this indictment insufficient on its face because it failed...

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