UNITED STATES v. COHEN

Crim. Nos. 26402, 27102, 27135, 27323, 27435, 27439, 27509, 27533, 27561, 27565, 27568, 27584, 27594, 27601, 27622.

275 F.Supp. 724 (1967)

UNITED STATES of America v. Murray COHEN and Bette Louise Renner. UNITED STATES of America v. BALTIMORE ALUMINUM PRODUCTS CORPORATION, Nicholas Schipani and Granville Palmer Berryman. UNITED STATES of America v. James C. PRICE. UNITED STATES of America v. Willie SPEIGHT and Frank J. Wright. UNITED STATES of America v. James C. PRICE, James Carl Hollingsworth and Patricia Lee Hollingsworth. UNITED STATES of America v. PIONEER BUILDERS, INC. and Joseph B. Bahen, Jr. UNITED STATES of America v. John FELKNER, Jr. and Stanley Leonard Sonner (two cases). UNITED STATES of America v. John Joseph DiTOMMASO. UNITED STATES of America v. Charles Forest WAUGAMAN. UNITED STATES of America v. Charlie Lenwood BUTLER. UNITED STATES of America v. Harry FRID. UNITED STATES of America v. William Vincent BROOKHART, Jr. UNITED STATES of America v. Charles Francis FRAZIER. UNITED STATES of America v. Clifton Amos REED.

United States District Court D. Maryland.

October 27, 1967.


Attorney(s) appearing for the Case

Arthur G. Murphy, First Asst. U. S. Atty., Thomas P. Curran, Asst. U. S. Atty., for plaintiffs in all cases.

Arnold M. Weiner, Baltimore, Md., for defendants in Criminal Nos. 26402, 27102, 27323, 27509, 27533, 27561 and 27584.

Arnold M. Weiner and Robert E. Cahill, Baltimore, Md., for defendants in Criminal Nos. 27135 and 27435.

C. M. Zacharski, Jr., Herbert R. O'Conor, Jr. and Francis X. Pugh, Baltimore, Md., for defendants in Criminal No. 27439.

Decatur H. Miller and Albert S. Barr, III, (court-appointed) Baltimore, Md., for defendant in Criminal No. 27565.

Harold Buchman (court-appointed), Baltimore, Md., for defendant in Criminal No. 27568.

Robert E. Cahill (court-appointed), Baltimore, Md., for defendant in Criminal No. 27594.

Alan H. Murrell and James W. Murphy, Baltimore, Md., for defendant in Criminal No. 27601.

Joseph Rosenthal and Norman N. Yankellow, Baltimore, Md., for defendant in Criminal No. 27622.

Before THOMSEN, Chief Judge, and NORTHROP and KAUFMAN, District Judges.


FRANK A. KAUFMAN, District Judge.

In these criminal cases, the defendants have filed motions to dismiss, alleging that the indictments were returned by grand juries constituted in violation of 28 U.S.C. § 18611 and of the Fifth and Sixth Amendments to the Constitution of the United States. In most of these cases, counsel contend, in almost identical language, that the indictment was returned by a grand jury which "was selected improperly...

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