Pennell

This is a companion case with United States v. Pennell, D.C., 144 F.Supp. 317 in which a motion to dismiss the indictment was this day decided by this Court. 1 The parties are the same, and the alleged offense grows out of the same circumstances that were the background for the previous alleged offense. In this case, defendant is charged by an indictment with mailing a threatening communication in violation of § 876 of Title 18 of the United States Code. The charging portion of the indictment, which is pertinent here, reads as follows: “ * * * the defendant herein

Defendant has made a motion in this case to dismiss the indictment on the grounds that it “does not state facts sufficient to constitute an offense against the United States.”

In support of his motion, defendant has again sought to make two points, one of which, the first, is for all practical purposes, the same as the first argument advanced by defendant in United States v. Pennell, D.C., 144 F.Supp. 317 .

As before, no case authority dealing with the precise points raised by defendant has been submitted by either party, and none has been found by the Court. Again it is, therefore, necessary to make an initial…