the motion, as it is stated, sets forth no basis or sound reason why the indictment should be dismissed. The motion contains no allegation of facts which would warrant a dismissal of the indictment, or that any member of the grand jury was not legally qualified.
The motion, accordingly, will be dismissed.
MOTION FOR BILL OF PARTICULARS
The defendant requests a bill of particulars on both indictments, Criminal No. 69-133 and Criminal No. 69-144, for the reasons, as he asserts, "the indictments, as drawn are so broad that the defendant may be taken by surprise by the evidence offered at the trial and the defendant will not be protected against another prosecution for the same offense."
An examination of the eight counts in the indictment at Criminal No. 69-133 sets forth a set of circumstances which are unequivocal and specific as to the date, the action and particular violations of the section and title of the United States Code. The two counts of the indictment at Criminal No. 69-144 are unequivocal and specific as to the date, persons, places and violations and actions or conduct as violate the particular section and title of the United States Code.
The motion as made is without basis and will be denied.
MOTION TO SUPPRESS PHYSICAL EVIDENCE
This motion seeks to suppress two receipts, No. CA051, dated February 19, 1969 and No. C4023, dated June 20, 1968, issued by the Johnson Welding Supply Company, Inc.
At page 7 of the brief on behalf of the government, the United States Attorney states the following: "An inquiry by the government has revealed that the seized materials do not tend to prove defendant's guilt in the alleged crime, and for that reason the government has no objection to an order requiring return of receipts No. CA051 and No. C4023 issued by the Johnson Welding Company."
The motion to suppress the receipts will be allowed.
MOTION FOR SEVERANCE
The defendant Henkel's motion for severance contends that certain statements may be made by Henkel's co-defendants which would be admissible against him and which would prejudice this defendant.
Since I do not have sufficient information before me as relates to this matter, it might be better left to the trial judge for consideration.
Accordingly this motion for severance will be dismissed without prejudice.