UNITED STATES of America, Plaintiff-Appellee, v. John Robert EMLER, Defendant-Appellant, 570 F.2d 584

ORDER On receipt and consideration of an appeal in the above-styled case wherein appellant was convicted for interstate transportation of forged or counterfeit securities under 18 U.S.C. § 2314 (1970); and Noting that the sole appellate issue is an attack upon the sufficiency of the indictment which did not squarely use the statutory language referring to “unlawful or fraudulent intent”; and Further noting the grand jury indictment did, however, allege that defendant “did transport and cause to be transported in interstate commerce ... a falsely made and forged security, that is, a bank check, knowing the same to be falsely made and forged . . . ”; and Believing that the quoted language from the indictment, plus the citation of the statute itself, namely, 18 U.S.C. § 2314 (1970), was ample to charge the offense concerned and the required criminal intent, see generally United States v.

Dickerson, 337 F.2d 343 (6th Cir. 1964), Now, therefore, the judgment of the District Court is affirmed.