544 F.2d 353 (9th Cir. 1976)
Appellants were convicted of conspiring to kidnap a 16-year-old boy for ransom, in violation of 18 U.S.C.S. § 1201(c). They were also convicted of depositing letters in the mail containing requests for ransom and threats of injury to the boy.
- On appeal, one of the appellants argued that his conspiracy conviction under count one of his indictment should have been reversed because the count failed to state a federal offense and was therefore incapable of supporting his conviction.
- The court determined that because the indictment was not challenged before the verdict, it should have been upheld on appeal if the necessary facts appeared in any form or by fair construction could have been found within the terms of the indictment.
- Accordingly, the court held that the necessary elements of a violation of 18 U.S.C.S. § 1201 (c) were found in the language of count one of the indictment.
Order convicting appellants of conspiracy to kidnap affirmed because the indictment was not challenged before the verdict and because the necessary facts appeared in or were found within the terms of the indictment.
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