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UNITED STATES v. SMYTH

Nos. 33092-33095.

104 F.Supp. 309 (1952)

UNITED STATES v. SMYTH et al. UNITED STATES v. DOYLE et al.

United States District Court N. D. California, S. D.

February 21, 1952.

Attorney(s) appearing for the Case

Chauncey Tramutolo, U. S. Atty., Robert B. McMillan, Asst. U. S. Atty., and Macklin Fleming, Asst. U. S. Atty., all of San Francisco, Cal., Irvin Goldstein, Special Asst. to the U. S. Atty. Gen., for plaintiff.

Harold C. Faulkner (of Melvin, Faulkner, Sheehan & Wiseman), and Joseph L. Alioto, all of San Francisco, Cal., for defendants.

JAMES ALGER FEE, Chief Judge of the District of Oregon, sitting by special assignment.

Each of the present indictments probably states a crime. Before making a positive ruling upon the subject, I would wish further opportunity to consider them thoroughly.

In my opinion at present, they do not clearly advise any defendant of the crime of which he is charged. This arises largely because of the conflicting allegations of the various counts and the confused verbiage...

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