United States v. Wexler, 6 F. Supp. 258 (S.D.N.Y. 1933)

District Court, Southern District of New York, “United States v. Wexler et al.,” decided July 17, 1933; opinion of District Judge Caffey. The counsel line reads: “George Z. Medalie, U. S. Atty., of New York City (Thomas E. Dewey, Murray I. Gurfein, and Joseph E. Sharp, all of New York City, of counsel), for the United States.” The opinion as read prints no docket number.

The defendant had demanded a bill of particulars. The court notes that “The trial is set for August 7” and rules that he is not entitled to the details called for by items 5 to 8, that he is protected against double jeopardy without a bill if he is acquitted of “violating, or of conspiring to violate, 26 U. S. Code, § 2146 (b),” and that “the government could not comply with the demands as framed without injurious disclosure of its evidence.” It cites Capone v. United States, 56 F.2d 927 on what an indictment of this type must contain. “Motion denied.”

The opinion names the defendant only as “Wexler” and does not describe the charges beyond the statute. The Second Circuit’s later opinion on the conviction is 79 F.2d 526, which cross-refers to this one. Neither opinion uses the name Waxey Gordon.