Legal Opinion

United States v. Haywood

District Court, District of Columbia

Decided August 8, 1968No. Cr. No. 690-68Published

1Opinion of the Court

MEMORANDUM OPINION

GESELL, District Judge.

The Court has before it a motion to dismiss this three-count indictment charging Second Degree Burglary, Petty Larceny and Engaging in Riot on the ground that the April Special (2) Grand Jury sworn April 23, 1968, which returned the indictment, was unlawfully constituted in contravention of the Constitution by reason of defects in the jury selection process. The matter has been thoroughly briefed. The motion and opposition are both supported by affidavits and the Court heard full argument after granting a limited evidentiary hearing.

Three basic defects…

2Cases cited11 opinions

  1. Thiel v. Southern Pacific Co.Supreme Court of the United States · 1946
  2. Dennis v. United StatesSupreme Court of the United States · 1950
  3. Hoyt v. FloridaSupreme Court of the United States · 1961
  4. Frazier v. United StatesSupreme Court of the United States · 1949
  5. Cross v. United StatesSupreme Court of the United States · 1892

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