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UNITED STATES v. ANDREWS

No. 72-1103.

462 F.2d 914 (1972)

UNITED STATES of America, Appellant, v. Raymond Isaac ANDREWS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 19, 1972.

Attorney(s) appearing for the Case

Joseph L. Tauro, U. S. Atty., with whom Robert B. Collings, Asst. U. S. Atty., was on brief, for appellant.

Verne W. Vance, Jr., Boston, Mass., with whom John D. Leubsdorf and Foley, Hoag & Eliot, Boston, Mass., were on brief, for appellee.

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

ALDRICH, Chief Judge.

The government appeals, under 18 U.S.C. § 3731, from an order of the district court dismissing an indictment because of the unlawful composition of the grand jury that returned it.1 More precisely, the court found a defect in the master jury plan adopted by the Massachusetts District Court and based upon the Massachusetts voting lists pursuant to 28 U.S.C. § 1861 et seq., in that it omits paupers because...

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