Bougie

At the close of the prosecution’s evidence, defendant addressed a motion to the Court for entry of judgment of acquittal, as provided in Rule 29, Federal Rules of Criminal Procedure, 18 U.S. C.A., on the ground that the evidence is insufficient to sustain a conviction of the offense charged in the indictment.

The body of the indictment reads as follows:

It is noted that the customary allegation that the statement was false in certain particulars has been omitted *360 and there is no allegation from which a reader of the indictment can determine wherein the falsity of the alleged statement resides. All that is alleged is that the quoted statement is false but in what particular cannot be determined from the indictment. It is a fundamental rule of pleading falsity that the indictment state the particulars constituting the falsity. The following cases, although not involving misstatements in exactly the way they are allegedly present here, demonstrate the necessity of pleading more than mere conclusion. Facts which lead to the conclusion must be pleaded. United States v. Williams, 5 Cir., 203 F.2d 572 ; United States v. Schneiderman, D.C., 102 F.Supp. 87 ; United States v. John…