United States v. Bonavia

BYERS, District Judge.

These defendants were indicted, under date of January 28, 1930, for a violation of title 8,. § 414, U. S. Code (8 USCA § 414); pleas have been filed on the part of the defendants Cataldo Di Paolo and Griaeinto Bonavia, setting forth:(a) Double jeopardy;(b) That a prior indictment was dismissed in this court in 1926, and no permission was obtained to resubmit the matter to the grand jury, and(e) That the three-year statute of limitations is a bar to the prosecution of the indictment.

A replication was filed,' and the matter came before this court in the form of a motion on…