v2784-761
5
In Che
United States Court of Appeals
For the Nmth Circuit
Peter E. Johnson, Patrick Paul, Ray-
mond Johnson, Martin Johnson, Joe
Peterson and Mac Nakamura,
Appellants, } No. 13664
vs.
United States of America, Appellee.
Appeal from the District Court for the Territory
OF Alaska, Division Number One
MOTION TO DISMISS
Come now the above named appellants and move
to dismiss the complaint herein on the g;round that it
fails to state an offense.
Frederick Paul,
William L. Paul, Jr.,
Attorneys for Appellants.
BRIEF IN SUPPORT OF MOTION TO DISMISS
The motion is timely filed.
Federal Rules of Criminal Procedure, Rule 12(b)
(2) provides that failure of the indictment or in-
^ormation to charge an offense "shall be noticed by the
court at any time during the pendency of the proceed-
ing." The cases are collected at 24 C.J.S. 319, Crim-
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