Gowdy

An indictment was originally returned charging the appellant with a violation of § 242 of Title 18 U.S.C.A. in that appellant and other named defendants deprived one Andrew Juarez of the rights, privileges and immunities secured to him and protected by the Fourteenth Amendment of the Constitution. The offense charged was a misdemeanor. The appellant was not an officer of the State but was a federal officer. Subsequently there was filed in the same case an information which purported to supersede the indictment. The information charged that Andrew Juarez was deprived of the rights, privileges and immunities secured to him and protected by the Constitution of the United States. It was contended that the grand jury indictment could not thus be superseded and that prosecution could not proceed without a resubmission to the grand jury. It is said that the failure thus to proceed in this case deprived the court of jurisdiction.

Since the offense of which appellant was convicted was a misdemeanor for which he could be prosecuted on an information, Rule 7, Rules Criminal Procedure, 18 U.S.C.A., and since the information charged a different offense than that stated in the indictment,…