Legal Opinion
Roy Orlen Hattaway v. United States
Court of Appeals for the Fifth Circuit
Decided June 6, 1962No. 19228PublishedCited by 25 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The question here is whether indictment really means indictment. We hold that it does, and the indictment, having been returned for the first time after the running of the controlling statute of limitations, prosecution of this case of kidnapping was barred and the conviction cannot stand. We accordingly reverse.
The case turns on § 3288 of the Criminal Code which extends the limitations period:
“Whenever an indictment is dismissed for any error, defect or irregularity with respect to the grand jury, or is found otherwise defective or insufficient for any cause,…
2Cases cited42 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Stirone v. United StatesSupreme Court of the United States · 1960
- Bell v. United StatesSupreme Court of the United States · 1955
- American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
- United States v. WiltbergerSupreme Court of the United States · 1820
37 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Thomas O. Hayes v. Anthony J. Celebrezze, Secretary of Health, Education, and WelfareCourt of Appeals for the Fifth Circuit · 1963
- J. W. Williamson, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1964
- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1975
- Gordon E. Van Liew, Dell Van Liew, Arthur R. Becker, Verne C. Madison v. United StatesCourt of Appeals for the Fifth Circuit · 1963
- United States v. William C. ScrimgeourCourt of Appeals for the Fifth Circuit · 1981
20 more not listed; retrieve them via the Exa API.