John P. Mann v. United States

WRIGHT, Circuit #Judge.

On July 20, 1959, appellant was indicted for embezzlement, the crime having been committed five weeks earlier. After delays provoked by appellant, his case was called for trial on February 16,1960. At that time the government obtained a week’s continuance in order to locate a missing document essential to the prosecution. But government counsel assured the court (and the accused) that if the evidence could not be located within the week "we will, on our own motion, move to dismiss the case.” The case was again called on February 23 and the government, representing that…