v2784-761

Document Title Page

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

  1. 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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