United States v. Borys

HODGE, District Judge.

Defendant was indicted by the grand jury for the crime of contributing to the delinquency of a child of the age of seven years, and has moved to dismiss or quash the indictment upon the grounds that it was obtained in violation of Sec. 66-8-33, A.C.L.A. 1949, in that the mother of the minor child was allowed to remain in the grand jury room while the child was a witness before the grand jury.

The facts, as disclosed by affidavits of the foreman of the grand jury and of the mother, are that the mother, at the request of an Assistant United States Attorney, was allowed to…