Eugene W. Beadnell v. United States of America, Gary S. Clemens v. United States
Opinion
Opinion
Mathews, J.
On November 22, 1960, in the United States District Court for the Northern District of California, Southern Division, two informations were filed—one against Eugene W. Beadnell and one against Gary S. Clemens. Each information was in four counts.
Count 1 of the Beadnell information alleged, in substance, that on December 26, 1958, in San Francisco, California, Beadnell knowingly and willfully made a false statement to the Railroad Retirement Board for the purpose of obtaining unemployment benefits under the Railroad Unemployment Insurance Act, 45 U.S.C.A. §§ 351-367 , which statement was that Beadnell was not attending school on December 26, 1958, whereas, in truth and in fact, as he then and there well knew, he was attending school at that time.
Counts 2, 3 and 4 of the Beadnell information were similar to count 1 thereof, except that, instead of December 26, 1958, counts 2, 3 and 4 referred to April 13, 1959, December 5, 1959, and March 28, 1960.
Counts 1 and 3 of the Clemens information were similar to count 1 of the Beadnell information, except that, instead of referring to Beadnell and to-December 26, 1958, counts 1 and 2 of the Clemens information referred to Clemens and…