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UNITED STATES v. CAMACHO

No. C-17602 PHX.

277 F.Supp. 814 (1967)

UNITED STATES of America, Plaintiff, v. Robert CAMACHO et al., Defendants.

United States District Court D. Arizona.

May 1, 1967.

Attorney(s) appearing for the Case

Henry L. Zalut, Asst. U. S. Atty., and Edward E. Davis, U. S. Atty., Phoenix, Ariz., for plaintiff.

John J. Flynn and Terry D. Oehler, Lewis, Roco, Scoville, Beauchamp & Linton, Phoenix, Ariz., for defendants.

OPINION

KILKENNY, District Judge:

This matter is before the Court on the defendant's motion to dismiss the Indictment. At the time of the trial, I expressed some doubt as to whether the language of the Indictment1 would fit the facts as presented on the trial. The solution to the problem rests on a proper construction of 18 U.S.C. § 751.

Prior to 1930, it was not a crime for a prisoner to escape from Federal custody...

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