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UNITED STATES v. TITUS

No. 9, Docket 22568.

210 F.2d 210 (1954)

UNITED STATES v. TITUS.

United States Court of Appeals, Second Circuit.

Decided January 25, 1954.

Attorney(s) appearing for the Case

Anthony F. Caffrey, U. S. Atty. for the Northern Dist. of N. Y., Syracuse, N. Y. (Robert J. Leamy, Asst. U. S. Atty., Oneonta, N. Y., of counsel), for appellee.

William W. Barron, Washington, D. C., Paul R. Shanahan, Syracuse, N. Y., William J. Barron, New York City, for defendant-appellant.

Before CLARK, FRANK, and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

1. Alleged illegal constitution of the grand jury and petit jury.

The trial occurred in Syracuse in Onondaga County, New York. The trial judge denied defendant's motion, made eight days before the first trial, to dismiss the indictment on the ground that the grand jury had been illegally constituted. The government urges that, under Criminal Rule 12(b) (3), 18 U.S. C., this motion was not timely made;2

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