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HARNEY v. UNITED STATES

Nos. 5956-5958.

300 F.2d 760 (1962)

Francis L. HARNEY, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee. Charles H. LAWTON, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee. James S. O'CONNELL, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

March 30, 1962.

Attorney(s) appearing for the Case

Stanley H. Rudman, Boston, Mass., for Francis L. Harney, Jr., on motion to dismiss indictment.

John M. Russell and Lawrence R. Cohen, Boston, Mass., for Charles H. Lawton, Jr., on motion to dismiss indictment.

C. Keefe Hurley and Earle C. Cooley, Boston, Mass., for James S. O'Connell on motion to dismiss indictment.

W. Arthur Garrity, Jr., U. S. Atty., and Paul A. M. Hunt, Asst. U. S. Atty., for appellee on memorandum in opposition.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

PER CURIAM.

The appellants were found guilty by a jury and sentenced in the court below for conspiracy to defraud the United States in violation of Title 18 U.S.C. § 371 with respect to the valuation of lands taken for public highway purposes. They appealed to this court and now, while their appeals are pending and before argument, they have moved that the indictments under which they were tried be dismissed. The ground for this extraordinary action asserted...

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