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UNITED STATES v. BUTERA

No. 7387.

420 F.2d 564 (1970)

UNITED STATES of America, Appellee, v. Benjamin J. BUTERA, Defendant, Appellant.

United States Court of Appeals First Circuit.

Decided January 21, 1970.

Attorney(s) appearing for the Case

Gene Carter, Bangor, with whom Gerald E. Rudman, Lawrence E. Merrill and Rudman, Rudman & Carter, Bangor, Me., were on brief, for appellant.

Edward G. Hudon, Asst. U. S. Atty., with whom Peter Mills, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Benjamin J. Butera was indicted for attempted income tax evasion by the federal grand jury for the Southern Division of Maine in March 1968. On April 8, he filed with the district court a motion to dismiss the indictment on the ground that it had been returned by a grand jury drawn from an improperly constituted jury pool. A hearing was had and evidence heard, and defendant's motion was denied. Sub. nom. United States v. Bryant,

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