Walter Wax and Lawrence Levine v. Honorable Constance Baker Motley, United States District Judge, United States of America v. Norman Rubinson

This is a petition for a writ of prohibition and mandamus directed against Honorable Constance Baker Motley, United States District, Judge for the Southern District of New York, to dismiss an indictment against certain defendants upon the ground that the indictment is void because the term of the grand jury had allegedly expired prior to the return of the indictment, and seeking a stay of the trial thereon which had been scheduled for January 20, 1975. Upon hearing the oral argument, we granted a stay until January 22nd. We now decide the petition for mandamus on the merits, and we deny it…