48 F. Supp. 910 | S.D. Fla. | 1943
An indictment was returned against this defendant on October 9, 1942, embracing four counts, each alleging a violation of the Bank Robbery Act, 12 U.S.C.A. § 588b.
The first two counts are subject to the demurrer by reason of Jerome v. United States of America, 63 S.Ct. 483, 87 L.Ed ■— decided by the Supreme -Court of the United States February 1, 1943.
The third count is vague and uncertain, and should go out on demurrer.
In the fourth count it is alleged that the defendant presented to the paying teller of a certain National Bank of Dade County, Florida, a false, forged, fictitious and counterfeit check for the payment of money, drawn on said bank, and that defendant secured payment thereon, with intent to defraud the bank, and after receiving- the money he did take and carry away said sum with intent to steal and purloin the same.
The offense charged in this fourth count is without reference to a State statute. The statutory offense is the “taking” and carrying away with criminal
The demurrer is sustained to all counts.