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U.S. v. Francis, No. 97 Cr. 0008 (RWS) (S.D.N.Y.) (975 F.Supp. 288) (August 15, 1997) (Judge Robert W. Sweet)

In this case the defendant was charged with making six threatening calls by telephone. He moved to dismiss the indictment as facially defective because it did not allege an essential element of the crime - namely that "he subjectively intended the communication to be perceived as a threat." The Court ...

 

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