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UNITED STATES v. DAVIS

Crim. No. 8489.

148 F.Supp. 478 (1957)

UNITED STATES of America, Plaintiff, v. Benedict John DAVIS, Defendant.

United States District Court D. North Dakota, Northeastern Division.

February 21, 1957.

Attorney(s) appearing for the Case

Robert L. Vogel, U. S. Atty., Fargo, N. D., for plaintiff.

John B. Hart, Rolla, N. D., for defendant.

DAVIES, District Judge.

This matter came before the Court upon the defendant's motion to quash both counts of an indictment under 18 U.S.C.A. § 1153, accusing Benedict John Davis of the crimes of incest and rape by a single act of intercourse with his 17 year old first cousin in the Indian Country. To accord with Rule 12(a) of Federal Rules of Criminal Procedure, 18 U.S.C.A., this matter will be considered as a motion to dismiss.

The Court having examined...

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