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UNITED STATES v. HECHT

No. 55.

22 F.2d 264 (1927)

UNITED STATES ex rel. MOUQUIN v. HECHT, Marshal.

Circuit Court of Appeals, Second Circuit.

November 1, 1927.

Attorney(s) appearing for the Case

Ferris, Shepard, Joyce & McCoy, of New York City (John E. Joyce, of New York City, of counsel), for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (John J. Fogarty, of Yonkers, N. Y., and Ben Herzberg, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

It is important to detach the exact question raised by the appeal. The result of the misnomer does not here arise, since, so far as it goes to the validity of the indictment, it must be raised by plea in abatement. 1 Bish. New Cr. Proc. § 677 (2). The error, being in the middle initial, is probably not available anyway. Games v. Dunn, 14 Pet. 322, 327, 10 L. Ed. 476; Cox v. Durham, 128 F. 870, 874 (C...

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