Charlie Soper and Jack Mease v. United States
Opinion
Opinion
Mathews, J.
On November 17, 1953, appellants, Charlie Soper and Jack Mease, were in-dieted in two counts. Count 1 alleged: “That [appellants], on the 4th day of October, 1953, in Fairbanks Precinct, Fourth Judicial Division, Territory of Alaska, then and there being, and being then and there armed with a dangerous weapon, to wit, a loaded automatic M-l rifle, feloniously assaulted Sylvester Johnson at the residence of Mildred Young at 617-12th Avenue, in the Town of Fairbanks, Alaska, in violation of Section 65-4-22 of the Alaska Compiled Laws Annotated, 1949.” Count 2 was similar to count 1 except that, in count 2, the person alleged to have been assaulted was Mildred Young, instead of Sylvester Johnson. Appellants pleaded not guilty on November 23, 1953, had a jury trial on January 4, 5 and 6, 1954, and were found guilty on both counts. Thereupon a judgment was entered sentencing appellants to be imprisoned for 18 months. This appeal is from that judgment.
I.
On January 4, 1954 — after the trial was commenced and after the jury was impaneled — a motion to dismiss the indictment was made by appellants and was denied. Appellants contend that the denial was error.