Gerald E. Fleming v. United States

McENTEE, Circuit Judge.

Defendant Fleming and one McKenny were indicted jointly for transferring marijuana without a written order in violation of the Federal Naroctics Law. 1 The alleged offense occurred on February 5, 1964 and defendants were indicted on April 23, 1965. This indictment resulted from an undercover narcotics investigation in the Boston area. The case was assigned for trial to March 17,1966. 2 On the first morning of the trial defendant moved to dismiss the indictment. He complained that since this case involved only one alleged illegal transaction, the government had no…