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SILBER v. UNITED STATES

No. 454.

370 U.S. 717 (1962)

SILBER v. UNITED STATES.

Supreme Court of United States.

Decided June 25, 1962.

Attorney(s) appearing for the Case

Victor Rabinowitz argued the cause for petitioner. With him on the briefs was Leonard B. Boudin.

Bruce J. Terris argued the cause for the United States. On the briefs were Solicitor General Cox, Assistant Attorney General Yeagley, George B. Searls and Kevin T. Maroney.

PER CURIAM.

The judgment is reversed. Russell v. United States, 369 U.S. 749. The indictment upon which the petitioner was tried was identical to those held defective in Russell. The petitioner's timely motion to dismiss the indictment, made in accord with Fed. Rules Crim. Proc. 12 (b) (2), was erroneously denied by the District Court.

Although the trial court squarely considered and decided the issue raised...

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