Stanley Wallace Carlson v. United States

Stanley Wallace Carlson was charged, tried, convicted and sentenced under an information which, as amended, alleged that, on or about June 16, 1960, and in violation of 18 U.S.C.A. § 35 , he:

Appealing to this court Carlson contends, among other. things, that the information, as amended, does not charge a crime. Although the asserted defect in the information was not brought to the attention of the district court it may nevertheless be urged on appeal as a ground for reversal. Rule 12(b) (2), Federal Rules of Criminal Procedure, 18 U.S.C.A.; Hotch v. United States, 9 Cir., 208 F.2d 244, 250 .

An indictment or information does not charge a crime, and a conviction based thereon cannot stand, if there is not set forth in such indictment or information the elements of the offense sought to be charged. United States v. Debrow, 346 U.S. 374, 376 , 74 S.Ct. 113 , 98 L.Ed. 92 ; Salinas v. United States, 9 Cir., 277 F.2d 914, 916 ; Drown v. United States, 9 Cir., 198 F.2d 999, 1005 .

In order to determine the elements of the offense sought to be charged in this case it is necessary to examine 18 U.S.C.A. §§ 32 and 35. Section 35, cited in the information, reads as follows :

The…