131 F. Supp. 319 | E.D. Wash. | 1955
The charge against the defendant in this case is stated in the indictment as follows:
“That on or about the 4th day of November, 1954 T. W. Deer did ship a trunk on an interstate common carrier and did pack within said trunk a loaded 22 caliber rifle; that said trunk was handled in the regular course of business by said common carrier and while handling said ■trunk at Spokane, in the Northern Division of the Eastern District of Washington, one Jack Wilbur Hubbard, an employee of the common carrier, suffered severe bodily injury as a result of a bullet being discharged from the loaded 22 rifle packed or shipped in the trunk by T. W. Deer, the shipping on an interstate common carrier of a loaded 22 rifle being contrary to and in violation of Title 18 U.S.C.A. Sec. 835 and CFR Title 49, Secs. 73.58(a) (b) (c) and 73.101.”
The defendant moves to dismiss the indictment on the ground that it does not state an offense against the United States for the reason that it fails to allege that the defendant acted “knowingly.”
The statute on which the indictment is based, Title 18 U.S.C. § 835, provides that the Interstate Commerce Commission shall formulate regulations for the safe transportation of explosives and other dangerous articles, and that “whoever knowingly violates any such regulations” shall be punished as therein provided.
An indictment must allege all of the essential elements of the crime charged.
The criminal rules have simplified Federal procedure and have sanctioned and emphasized a long-standing Federal Court policy of regarding substance rather than form in passing upon the sufficiency of indictments and in-formations. Rule 7(c), 18 U.S.C., requires only that the essential facts constituting the offense charged shall be set forth in a plain, concise and definite written statement. The criminal rules, however, have not dispensed with the requirement stated above that, the indictment must either directly or by implication allege all of the essential elements of the offense. United States v. Valenti, supra.
In the present case it is not specifically stated that the defendant “knowingly” violated the Interstate Commerce Commission regulation, nor may such guilty knowledge on his part be fairly inferred from any of the allegations of the indictment, or from consideration of the indictment as a whole. It must be concluded, therefore, that the indictment is defective, and the motion to dismiss is granted.
. Hagner v. United States, 285 U.S. 427, 431, 52 S.Ct. 417, 76 L.Ed. 861; Azuma Kubo v. United States, 9 Cir., 31 F.2d 88; United States v. Amorosa, 3 Cir., 167 F.2d 596, 598.
. United States v. Valenti, D.C., 74 F.Supp. 718; Crank v. United States, 9 Cir., 61 F.2d 620; and, United States v. Max, 3 Cir., 156 F.2d 13. And, see also, Barnes v. United States, 8 Cir., 197 F.2d 271.