Maloof

Maloof v. United States

Good Law
159 F.2d 62·1946 U.S. App. LEXIS 2499
United States Court of Appeals for the Ninth CircuitAugust 29, 1946No. 11238California773 words

Opinion

Lead Opinion

Bone, J.

This is an appeal from a conviction of a violation oí a maximum rent regulation 1 promulgated pursuant to the Emergency Price Control Act of 1942, as amended. 2 The issue herein is whether the information stated sufficient facts to constitute a crime and adequately inform the appellant of what she was charged. The record on appeal fails to disclose that appellant made objections as to the adequacy of the information during or prior to the trial of the case. Omitting the formalities, the information was as follows:

The appellant, malees two specific contentions, which she believes are so basic as to defeat the jurisdiction of the District Court: First, that the offense sought to be charged can only be committed by a particular class of persons, and the information fails to allege that the appellant was of that class. Second, that the information fails to allege, as a fact, the maximum price fixed by law for the rental of the room.

As to the first contention: The statutory prohibition (50 U.S.C.A.Appendix, § 904(a) forbids “any person * * * to demand or receive any rent * * * in violation of any regulation or order under section 2 (50 U.S.C.A.Appendix, § 902).” The language of the…

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