United States v. Richard D. Whitted, Jr.

HEANEY, Circuit Judge.

This case raises the question of a District Court’s power to dismiss an indictment following a jury’s return of guilty verdicts on all counts of the indictment, and the further question of the appropriate action to be taken by the District Court upon our determination that his dismissal of the indictment was improper.

The defendant is the Sheriff of Sarpy County, Nebraska. In March of 1970, Whitted appeared before a federal grand jury investigating possible violations of federal laws governing interstate gambling activities. Among other things, Whitted was questioned with…