Legal Opinion

United States v. James

District Court, W.D. Louisiana

Decided September 30, 1960No. Cr. A. No. 15555PublishedCited by 2 opinions

1Opinion of the Court

BEN C. DAWKINS, Jr., Chief Judge.

Attempted prosecution of this defendant almost has reached the point where it fairly could be called persecution, for this is the third indictment returned against him within a period of twelve months, all based upon 18 U.S.C. § 656 and involving substantially the same set of circumstances.

He first was indicted on May 14th, 1959, in Criminal Action No. 15,317. His counsel promptly moved to quash, filing an unanswerable brief in support. After some consideration of the motion and brief, and being convinced that the motion was good, the United States Attorney…

2Cases cited26 opinions

  1. Costello v. United StatesSupreme Court of the United States · 1956
  2. Holt v. United StatesSupreme Court of the United States · 1910
  3. Harlan v. McGourinSupreme Court of the United States · 1910
  4. United States v. Frank CostelloCourt of Appeals for the Second Circuit · 1955
  5. Wright v. CommonwealthSupreme Court of Virginia · 1954

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3Cited by2 opinions

  1. United States v. Noel Bryant JamesCourt of Appeals for the Fifth Circuit · 1961
  2. United States v. NaughtenDistrict Court, N.D. California · 1961

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