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BARKMAN v. SANFORD

No. 11941.

162 F.2d 592 (1947)

BARKMAN v. SANFORD.

Circuit Court of Appeals, Fifth Circuit.

June 24, 1947.

Attorney(s) appearing for the Case

David B. Alford, of Middleburg, N. Y., for appellant.

J. Ellis Mundy, U. S. Atty., Joel B. Mallet and Harvey H. Tysinger, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

The sole question presented by this appeal is, do subsections (a) and (b) of Rule 7, Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687, authorizing the prosecution of a defendant, in a noncapital felony, upon information, provided he waives an indictment by a grand jury, violate the provision of the Fifth Amendment that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment...

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