United States v. Armour and Company
UNITED STATES of America, Plaintiff, v. ARMOUR AND COMPANY Et Al., Defendants
- Proceeding
- district
- Area
- civil
- Panel
- Jesse W. Curtis, Sr. (author)
Analysis
The defendants moved to dismiss a Sherman Act conspiracy indictment, arguing that the grand jury lacked a quorum of jurors who heard all evidence and that the venue allegations were insufficient for failing to specify overt acts. The court denied both motions, holding that grand jurors need not hear all testimony to vote and that overt acts need not be alleged in the venue section of a Sherman Act indictment.
| What the court decided | The model |
|---|---|
Motion to dismiss indictment based on grand jury composition (lack of 12 jurors present for all sessions) denied.“The motion of the defendants to dismiss upon this ground is without merit and is therefore denied.” | agree with court The court correctly applied the principle that grand jurors are not required to be present for every session to vote on an indictment, provided they have sufficient knowledge of the evidence (e.g., via transcripts). The cited authorities support the proposition that the grand jury's role is to determine if prima facie grounds exist, not to weigh defense evidence, and that absence from some sessions does not invalidate the vote if the juror is otherwise informed. |
Motion to dismiss indictment based on insufficient venue allegations (failure to allege overt acts) denied.“The motion of defendants to dismiss upon this ground is likewise without merit and is therefore denied.” | agree with court The court correctly held that under Sherman Act conspiracy law, overt acts need not be specifically alleged in the indictment. Consequently, the venue allegation, which stated the conspiracy was formed and carried out in part within the district, was sufficient without specifying particular overt acts. This aligns with the cited precedent that the offense itself does not require pleading overt acts. |
The order itself: sound — The order is sound. It addresses both motions with relevant legal principles and citations. The reasoning for the grand jury motion relies on the well-established rule that unanimity of presence is not required, only unanimity of vote based on sufficient knowledge. The reasoning for the venue motion correctly links the sufficiency of the offense allegations (no overt acts required) to the sufficiency of the venue allegations.
Opinion — Curtis
CURTIS, District Judge.
The defendants were indicted for conspiracy to violate Section 1 of the Sherman Act. It appears that 18 of the Grand Jurors were present and voted to return the indictment, but the defendants have jointly moved to dismiss the indictment, contending that of those who voted for its return there were not 12 who had been present at all sessions and had heard all of the evidence. This is not a valid ground for dismissal. It is the function of the Grand Jury in its proceedings to ascertain whether prima facie grounds for criminal prosecution have been made out sufficient to warrant a trial by petit jury. 38 C.J.S. Grand Juries § 37, p. 1035; United States v. Atlantic Commission Co., D.C., 45 F.Supp. 187; Carroll v. United States, 2 Cir., 16 F.2d 951.
A Grand Jury is primarily concerned with the nature, amount and convincing force of affirmative evidence of guilt, and it is not within the province of the Grand Jury to weigh it against defensive evidence, if any, for the purpose of determining the guilt or innocence of the defendant. Consequently as Judge Learned Hand said in the case of United States ex rel. McCann v. Thompson, 2 Cir., 144 F.2d 604: “If what the absentees actually hear is enough to satisfy them, there would seem to be no reason why they should not vote.” This case appears to be controlling, especially since the record in the present case reveals that all members of the Grand Jury voting on the indictment either were present at all sessions or had' read transcripts of the testimony taken in their absence.
The motion of the defendants to dismiss upon this ground is without merit and is therefore denied.
II
The defendants, Com Products Company and Stan D. Goodman, joined by all the remaining defendants other than Lever Brothers Company have moved to dismiss upon a further ground, contending that the allegations of venue in the indictment are conclusionary and are therefore insufficient since no overt acts have been alleged anywhere in the indictment upon which venue can be predicated.
It appears well established that overt acts need not be alleged in a Sherman Act conspiracy indictment. United States v. A. P. Woodson Company, D. C., 198 F.Supp. 579 and Nash v. United States, 229 U.S. 373, 33 S.Ct. 780, 57 L.Ed. 1232. As the accusatory allegations, are deemed sufficient in cases of this kind without the necessity for alleging overt acts there would seem to be no logic requiring the venue allegations to include overt acts. There is no reason to plead"
*125 venue with greater specificity than the offense.
The motion of defendants to dismiss upon this ground is likewise without merit and is therefore denied.
. The indictment reads as follows: “Paragraph 13. The aforesaid combination and conspiracy was formed and carried out, in part, within the Southern District of California, Central Division, and within the jurisdiction of this Court, within five years preceding the return of the indictment. * * * ”