United States v. Titus

FRANK, Circuit Judge.

1. Alleged illegal constitution of the grand fury and petit fury.

The trial occurred in Syracuse in Onondaga County, New York. The trial judge denied defendant’s motion, made eight days before the first trial, to dismiss the indictment on the ground that the grand jury had been illegally constituted. The government urges that, under Criminal Rule 12(b) (3), 18 U.S. C., this motion was not timely made; 2 we are not entirely free from doubt on the matter, but, in the circumstances, we think It desirable to pass on the motion’s merits.

28 U.S.C. § 1865(a) reads in part as…