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UNITED STATES v. PANZAVECCHIA

No. 27322.

421 F.2d 440 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John Emanuel PANZAVECCHIA, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

January 13, 1970.

Attorney(s) appearing for the Case

Leonard Moriber, Miami, Fla., (Court-appointed) for defendant-appellant.

William A. Meadows, Jr., U. S. Atty., William A. Daniel, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and JONES and CARSWELL, Circuit Judges.

CARSWELL, Circuit Judge:

As a mathematical axiom Euclid postulated some time ago that quantities equal to the same quantity are equal to each other. Here three counts of an indictment contain verbatim language and their fusion into one and the same thing renders them inseverable as identifiable entries of separate and distinct criminal charges.

As in the case of Van Liew v. United States, 5 Civ., 321 F.2d 664 (1963), we are...

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