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UNITED STATES v. LANG

August 25, 1941

UNITED STATES
v.
LANG et al.



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

This is a motion made on behalf of Hermann Lang, one of the defendants, for a bill of particulars and the following are the items demanded.

"1. The exact time and place when and where it will be claimed the defendant, Hermann Lang, joined or became a party to the conspiracy, alleged in the first count of the indictment.

 "2. The exact time and place when and where it will be claimed the defendant, Hermann Lang, joined or became a party to the conspiracy, alleged in the second count of the indictment.

 "3. With which of the defendants, if any, it will be claimed the defendant, Hermann Lang, had dealings, contacts or relations in entering into or furthering the conspiracy alleged in the first count of the indictment.

 "4. With which of the defendants, if any, it will be claimed the defendant, Hermann Lang, had dealings, contacts or relations in entering into or furthering the conspiracy alleged in the second count of the indictment.

 "5. What will it be claimed the defendant, Hermann Lang, agreed to do in furtherance of the conspiracy alleged in the first count of the indictment.

 "6. What will it be claimed the defendant, Hermann Lang, agreed to do in furtherance of the conspiracy alleged in the second count of the indictment.

 "7. Whether it will be claimed the defendant, Hermann Lang, received any money or other reward for allegedly entering into the conspiracy alleged in the first count of the indictment, and, if so, the nature of the reward and the dates when and places where and by whom it was paid.

 "8. Whether it will be claimed the defendant, Hermann Lang, received any money or other reward for allegedly entering into the conspiracy alleged in the second count of the indictment, and, if so, the nature of the reward and the dates when and places where and by whom it was paid."

 The demands Nos. 1 and 2 for information as to the place where the said defendant, Hermann Lang, entered into the conspiracies, whether in the United States or in any one of the other places alleged in the indictment, as well as the demand for information as to when the said defendant entered into said alleged conspiracy, call for information which the Government should not be required to give, as it will unduly limit its proof and as to which it may not at this time be advised.

 The time during which the alleged conspiracies existed is stated in the indictment as between April 1, 1936, and July 15, 1941, and further it is stated in overt act 2 of the 1st count and overt acts 2 and 20 of the 2nd count of the indictment that the said defendant on days therein stated committed certain overt acts in pursuance of such conspiracy and to effect the object thereof committed the said alleged overt acts consequently the Government will contend that the said defendant entered into said alleged conspiracies before committing such overt act. More should not be required. United States v. Pierce, D.C., 245 F. 888; United States v. Gouled, D.C., 253 F. 239, 240.

 Demands Nos. 3, 4, 5 and 6 all call for the Government's evidence and names of witnesses, and should not be allowed. United States v. Pierce, supra; Wong Tai v. United States, 273 U.S. 77, 47 S. Ct. 300, 71 L. Ed. 545.

 The demands Nos. 7 and 8 for information as to whether the said defendant received any money or other reward for allegedly entering into the conspiracy alleged in counts 1 and 2 of the indictment, is a demand for the Government's evidence. There is no charge in the indictment that the said defendant received any money or other reward for allegedly entering into the conspiracies alleged in counts 1 and 2 of the indictment, therefore, no particulars need be given, as the showing by the Government, if any be made, that the said defendant received any money or other reward for allegedly entering into the conspiracies alleged in counts 1 and 2 of the indictment, would only be evidence, ...


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