James Butler Elkins and Raymond Frederick Clark v. United States

MATHEWS, Circuit Judge.

On February 4, 1957, in the United States District Court for the District of Oregon, appellants (Jamas Butler Elkins and Raymond Frederick Clark), hereafter called defendants, were indicted in nine counts. On February 18, 1957, defendants were .arraigned, pleaded not guilty and were granted permission “to move against the indictment” on or before March 18, 1957. 1 Defendants did not so move on or before March 18, 1957.

On March 19, 1957, defendants filed a motion improperly entitled “Motion to dismiss the indictment.” 2 On March 29, 1957, defendants filed a motion…