United States v. Mary Frances Carrier

An indictment was dismissed which without embellishment simply tracked the language of 18 U.S.C. § 871(a) that makes it a crime ""knowingly and willfully"" to make ""any threat to take the life of or to inflict bodily harm upon the President of the United States.""1 The district court found this indictment insufficient on its face because it failed to allege the factual context in which the actions of the defendant occurred. In dismissing it as a matter of law, the lower court concluded that the alleged threatening words could not under any circumstances constitute ""threats"" within the proscription of the statute. We reverse and remand this case for the reasons which follow. FACTS