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UNITED STATES v. SMITH

Cr. No. 4-1105-C.

249 F.Supp. 515 (1966)

UNITED STATES of America, Plaintiff, v. Stephen Lynn SMITH, Defendant.

United States District Court S. D. Iowa, Central Division.

February 3, 1966.

Attorney(s) appearing for the Case

D. M. Statton, U. S. Atty., Jerry E. Williams, Asst. U. S. Atty., for plaintiff.

Craig T. Sawyer, Des Moines, Iowa, for defendant.

STEPHENSON, Chief Judge.

This matter is now before the Court upon the motion of the defendant, Stephen Lynn Smith, to dismiss the indictment filed against him. Pursuant to Federal Rule of Criminal Procedure 12 (b) (4), ruling on the motion was deferred, and evidence relating to the defendant's motion to dismiss was received during the trial of the general issue. The basic contention which the defendant raises in his motion to dismiss is that the indictment involved...

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