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UNITED STATES v. SPINLEY

Crim. No. E-4059.

138 F.Supp. 241 (1956)

UNITED STATES of America, Plaintiff, v. Francis Xavier SPINLEY, Defendant.

United States District Court W. D. Pennsylvania.

February 21, 1956.

GOURLEY, Chief Judge.

This motion to dismiss the indictment is predicated upon the proposition that counsel was not made available to petitioner until one day after his indictment which, for all practical purposes, denied him opportunity to object to the complement of the grand jury which returned the indictment.

It is my judgment that the rule of law enunciated in the recent decision of the United States Supreme Court, Reece v. State of Georgia,

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