UNITED STATES v. MONJAR

No. 88.

47 F.Supp. 421 (1942)

UNITED STATES v. MONJAR et al.

District Court, D. Delaware.

October 6, 1942.


Attorney(s) appearing for the Case

Stewart Lynch, U. S. Atty., of Wilmington, Del., for the Government.

Daniel O. Hastings (of Hastings, Stockly & Layton), of Wilmington, Del., for defendants.


LEAHY, District Judge.

Defendants have demurred to the indictment, which contains 25 counts. Counts 1 to 15 and 23 to 24 charge violations of the mail fraud statute, 18 U.S.C.A. § 338. Counts 16 to 22 charge violations of the fraud provisions of the Securities Act, 15 U.S.C.A. § 77q. Count 25 charges conspiracy to violate both statutes, 18 U.S.C.A. § 88.

The grounds of demurrer are divided into two groups. The first challenges the sufficiency...

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