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UNITED STATES v. GUEST

Crim. No. 2232.

246 F.Supp. 475 (1964)

UNITED STATES of America v. Herbert GUEST, James Spergeon Lackey, Cecil William Myers, Denver Willis Phillips, Joseph Howard Sims, and George Hampton Turner.

United States District Court M. D. Georgia, Athens Division.

December 29, 1964.

Attorney(s) appearing for the Case

St. John Barrett, Dept. of Justice, Washington, D. C., Floyd M. Buford, U. S. Atty., Macon, Ga., for plaintiff.

Robert B. Thompson, Gainesville, Ga., Nickolas P. Chivilis, James E. Hudson, Athens, Ga., for defendants.

BOOTLE, District Judge.

For decision now are the defendants' motions to dismiss the indictment on the ground that it does not charge an offense under the laws of the United States. A study of the question thus raised necessitates reference to some significant historical facts and a careful consideration of a few important Constitutional principles.

First, it must be noted that our Federal Government is a Government...

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