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UNITED STATES v. AADAL

June 29, 1967

UNITED STATES of America
v.
Manoutchehr AADAL, Defendant



The opinion of the court was delivered by: MOTLEY

MEMORANDUM OPINION

 MOTLEY, District Judge.

 ON PRETRIAL MOTION

 Upon the affidavit of Manoutchehr Aadal, sworn to on June 22, 1967, and upon the affidavit of Morris Weissberg, sworn to on June 23, 1967, and upon the indictment herein, defendant appeared by counsel before the Court on June 27, 1967, and moved for the following relief:

 1. To dismiss the indictment on the ground that it does not state facts sufficient to constitute an offense against the United States;

 2. To dismiss the indictment on the ground that defendant was denied a speedy trial thereon, in violation of the 6th Amendment to the Constitution of The United States;

 3. For discovery of all documents concerning the matters alleged in the indictment, which are within the possession, custody or control of the government, pursuant to Rule 16(b) of the Rules of Criminal Procedure;

 4. For discovery of any written or recorded statement or confession made by the defendant, within the possession, custody or control of the government, pursuant to Rule 16(a) of the Rules of Criminal Procedure;

 5. For a bill of particulars of the matters set forth in the affidavit of Morris Weissberg pursuant to Rule 7(e) of the Rules of Criminal Procedure;

 6. For such other, further or different relief as may be just and proper.

 By leave of court the motion was amended to include a request that Gerald Zisholtz and Morris Weissberg be appointed counsel for defendant based upon his attached affidavit of indigency.

 Defective Indictment

 Rule 7(c), F.R.Crim.P. requires that "The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. * * " An indictment is adequate if it "* * * shall advise the plaintiff with reasonable certainty of the crime with which he is charged, with averments sufficient to enable him to prepare his defense, and in the event of acquittal to plead the judgment in bar of a second prosecution for the same offense." Dell'Aira v. United States, 10 F.2d 102, 104 (9th Cir. 1926).

 None of the authorities cited by plaintiff contradict this basic proposition. The indictment here follows the language of the statute, informs defendant of what he must be prepared to meet and contains all the essential elements of the offense. It sets out in detail information pertaining ...


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