United States v. Kinsman

BYRNE, District Judge.. An indictment was filed, charging each of the defendants with violation of 18 U.S.C.A. § 751 in that, on March 16, 1961, they escaped and attempted to escape' from the Federal'Correctional Institution at Lompoc, California.

Two of the defendants, James Benton Moore and Paul Norman Privett, filed a motion for dismissal of the indictment as to them. The ground for defendants’ motion is that 18 U.S.C.A. § 751 is not applicable to them as a matter of law because at the time of their alleged escape from the Federal Correctional Institution at Lompoc, Moore was committed…