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UNITED STATES v. LOMAS

60 F.Supp. 198 (1945)

UNITED STATES v. LOMAS.

District Court, S. D. New York.

March 8, 1945.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., for Southern District of New York, of New York City (Irving Tick, Asst. U. S. Atty., of New York City, of counsel), for United States.

Banton & Pecora, of New York City, for defendant.

MOSCOWITZ, District Judge.

The defendant has applied for an order dismissing and setting aside the information filed against him on the ground that the offense charged therein is an infamous crime, which, under the Fifth Amendment to the Constitution of the United States, can be prosecuted only by presentment or indictment of the Grand Jury.

The information contains twenty counts. Each of ten counts charges the defendant with a violation of Section 4 of Public...

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