William D. Blue v. United States

McGOWAN, Circuit Judge.

The principal question presented by this appeal relates to the adequacy of the pre-trial proceedings held before the United States Commissioner.1 Because of an asserted defect in this regard, we are asked to direct the dismissal of the indictment.

I

At the time of his arrest, appellant was a juvenile, seventeen years of age, with an educational experience terminating in the seventh grade. As required by law because of his age, he was first placed in the custody of the Juvenile Court, but that tribunal a few days later elected to waive its jurisdiction over him. The same…