285 F.Supp. 367 (E.D.Wis. 1968), 67-CR-183, United States v. Cox

Docket Nº:67-CR-183.
Citation:285 F.Supp. 367
Party Name:UNITED STATES of America, Plaintiff, v. Charles Layton COX, Defendant.
Case Date:June 12, 1968
Court:United States District Courts, 7th Circuit, Eastern District of Wisconsin
 
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Page 367

285 F.Supp. 367 (E.D.Wis. 1968)

UNITED STATES of America, Plaintiff,

v.

Charles Layton COX, Defendant.

No. 67-CR-183.

United States District Court, E.D. Wisconsin.

June 12, 1968

James B. Brannan, U.S. Atty., by Thomas E. Weil, Asst. U.S. Atty., Milwaukee, Wis., for plaintiff.

Michael A. Clarke, Milwaukee, Wis., for defendant.

OPINION AND ORDER

REYNOLDS, District Judge.

The defendant, Charles Layton Cox, was found guilty of bank robbery by a jury on March 29, 1968. On April 25, 1968, this court heard arguments on defense motions for judgment of acquittal, new trial, and arrest of judgment. The motions for judgment of acquittal and new trial were denied, and further briefs were ordered on the motion for arrest of judgment. The basis for the motion to arrest judgment is that the indictment was fatally defective in that it failed to allege that the bank was federally chartered or insured. It is argued that without language in the indictment alleging that the bank was insured by the Federal Deposit Insurance Corporation, the indictment fails to charge a federal offense and that, therefore, this court was without jurisdiction of the case. No language appeared in the indictment of Mr. Cox alleging that the Silver Lake State Bank was insured by the Federal Deposit Insurance Corporation.

Page 368

The indictment reads as follows:

'THE GRAND JURY CHARGES:

'That on or about November 17, 1967, at Silver Lake, Kenosha County, in the State and Eastern District of Wisconsin, CHARLES LAYTON COX did by intimidation take from the presence of certain employees of the Silver Lake State Bank money in the care, custody and control of the said Silver Lake State Bank in violation of Section 2113(a), Title 18, United States Code of Laws.

'COUNT II

'THE GRAND JURY FURTHER CHARGES:

'That on or about November 17, 1967, at Silver Lake, Kenosha County, in the State and Eastern District of Wisconsin, the same said defendant named in Count One of this Indictment, while committing the offense alleged in Count One of this Indictment, did assault and put in jeopardy the lives of certain employees of the Silver Lake State Bank by the use of a dangerous weapon, in violation of Section 2113(d), Title 18, United States Code of Laws.'

Rule 7(c) of the Federal Rules of Criminal Procedure provides:

'Nature and Contents. The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the attorney for the government. It need not contain a formal...

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