Pickard

The Government appeals, 18 U.S.C. § 3731 ; 28 U.S.C. § 1291 , from an order of the district court dismissing, upon motion of appellees, an information charging appellee Pickard in four counts with the misdemeanor of embezzlement of property of the United States of a value not exceeding $100, 18 U.S.C. §§ 1 , 641, and appellee Cagle in four counts with the misdemeanor of having received, concealed and retained the embezzled property, “with intent to convert to his own use or gain * * * knowing the same to have been embezzled.” Ibid.

The record discloses that an indictment had previously been returned against appellees and that “pursuant to motion * * * said indictment * * * was dismissed.” Upon dismissing the indictment the district court ordered appellees “held in custody or their bail * * * continued until May 30, 1952, pending the filing of a new indictment or an information.” Fed. Rules Cr.Proc. rule 12(b) (5), 18 U.S.C.A. On May 29, 1952 the information at bar was filed.

Appellee thereupon joined in a “Motion to Dismiss and Quash Information and Exonerate Bond” upon the ground that “an indictment cannot be amended by the filing of an information.” Ap-pellee Cagle later filed…