United States v. Farabee
Decision Date | 10 June 1969 |
Docket Number | No. 26753. Summary Calendar.,26753. Summary Calendar. |
Citation | 411 F.2d 1210 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Joseph Hamilton FARABEE, Defendant-Appellant. |
Court | U.S. Court of Appeals — Fifth Circuit |
James L. Mitchell, Dallas, Tex., for appellant.
Merrill L. Hartman, Asst. U. S. Atty., Eldon B. Mahon, U. S. Atty., Dallas, Tex., for appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
Joseph Hamilton Farabee appeals from his conviction for unlawfully and fraudulently causing five falsely made and forged securities to be transported in interstate commerce in violation of 18 U.S.C.A. § 2314 (1951). Farabee argues that the indictment was insufficient because it did not contain "a plain, concise and definite written statement of the essential facts constituting the offense charged," Fed.R.Crim.P. 7(c), and therefore that the district court erred in not granting his motion to dismiss the indictment. This argument is meritless.1 The indictment was not parsimonious and its specifics were amply communicative and informative to the defendant. The indictment tracked the language of 18 U.S.C.A. § 2314 almost word for word, referred specifically to the statute, and contained the necessary factual linkage. Downing v. United States, 5 Cir. 1965, 348 F.2d 594, 599, cert. denied, 382 U.S. 901, 86 S.Ct. 235, 15 L.Ed.2d 155, a case which also involved a question of the sufficiency of an indictment under 18 U.S. C.A. § 2314, teaches us:
See also Grene v. United States, 5 Cir. 1966, 360 F.2d 585, 586, cert. denied, 385 U.S. 978, 87 S.Ct. 522, 17 L.Ed.2d 440; Woodring v. United States, 10 Cir. 1967, 376 F.2d 619, cert. denied, 389 U.S. 885, 88 S.Ct. 153, 19 L.Ed.2d 182; accord, Escobar v. United States, 5 Cir. 1967, 388 F.2d 661, cert. denied, 390 U.S. 1024, 88 S.Ct. 1411, 20 L.Ed.2d 282; Hoover v. United States, 5 Cir. 1966, 358 F.2d 87, cert. denied, 385 U.S. 822, 87 S.Ct. 50, 17 L.Ed.2d 59.
We have carefully studied the record and have found that the evidence is more than sufficient to sustain the conviction. United States v. Mustin, 7 Cir. 1966, 369 F.2d 626, 627; cf. Pauldino v. United States, 10 Cir. 1967, 379 F.2d 170.
Affirmed.
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U.S. v. Anderson
...the validity of an indictment under 18 U.S.C. § 2314 where the allegations followed the language of the statute are United States v. Farabee, 411 F.2d 1210 (5th Cir. 1969) and Downing v. United States, 348 F.2d 594 (5th Cir. In addition to framing the indictment in the language of the statu......
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...fact, occur on or about October 31, and that the government did, in fact, attempt to prove at trial. See, e. g., United States v. Farabee, 411 F.2d 1210, 1211 (5th Cir. 1969); 1 Wright & Miller, Federal Practice and Procedure § 125, at 236-37, § 126, at 268 n.86 (1969). As will be shown, ho......
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United States v. Thevis
...language of the statute is ordinarily sufficient unless the statute omits an essential element of the offense." United States v. Farabee, 5 Cir., 1969, 411 F.2d 1210, 1211; Downing v. United States, 5 Cir., 1965, 348 F.2d 594, 599. See also Esperti v. United States, 5 Cir., 1969, 406 F.2d 1......
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United States v. Trevithick
...U.S.C. § 2314 and contains other critical facts summarizing the offense. We find the indictment to be sufficient. United States v. Farabee, 411 F.2d 1210, 1211 (5th Cir. 1969); Downing v. United States, 348 F.2d 594, 599 (5th Cir.), cert. denied, 382 U.S. 901, 86 S.Ct. 235, 15 L.Ed.2d 155 (......