UNITED STATES v. SIMON

No. 67-CR-45.

301 F.Supp. 859 (1969)

UNITED STATES of America, Plaintiff, v. Donald SIMON, Defendant.

United States District Court W. D. Wisconsin.

On Petition for Reconsideration July 16, 1969.


Attorney(s) appearing for the Case

Edmund A. Nix, U. S. Atty., John E. Clarke, Asst. U. S. Atty., Madison, Wis., for plaintiff.

Larry A. Haukom, Madison, Wis., for defendant.


OPINION AND ORDER

JAMES E. DOYLE, District Judge.

Defendant has filed a motion to dismiss both counts of an indictment charging him with violations of the Marihuana Tax Act, 26 U.S.C. § 4741 et seq. Defendant contends that the timely assertion of his privilege against self-incrimination under the Fifth Amendment to the Constitution of the United States is a complete defense to the charges in the indictment.

Count I of the indictment charges...

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