SMILEY v. UNITED STATES

No. 12375.

186 F.2d 903 (1951)

SMILEY v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

January 19, 1951.


Attorney(s) appearing for the Case

Otto Christensen, Los Angeles, Cal., Robert A. Neeb, Jr., Beverly Hills, Cal., for appellant.

Ernest A. Tolin, U. S. Atty., Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, and STEPHENS and ORR, Circuit Judges.


ORR, Circuit Judge.

This court has rarely, if ever, been asked to entertain a proceeding of this character. We do not wish to be understood as giving it our stamp of approval as a regular practice because such a practice would be sanctioning one more step in the almost interminable delays which attend some criminal proceedings. Because of the contention that the crime charged in the indictment was separate and distinct from that upon which appellant was tried and...

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