UNITED STATES v. TATE

No. 71-1019.

466 F.2d 432 (1972)

UNITED STATES of America, Appellant, v. Rudolph V. TATE, a/k/a Rudy V. Tate.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1972.


Attorney(s) appearing for the Case

Mr. Roger M. Adelman, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and John F. Evans, Asst. U. S. Attys., were on the brief, for appellant. Messrs. Harold H. Titus, Jr., present U. S. Atty., and Gregory C. Brady, Asst. U. S. Atty., also entered appearances for appellant.

Mr. Ronald J. Wilson, Washington, D. C. (appointed by this court), for appellee.

Before TAMM and MacKINNON, Circuit Judges, and RONALD N. DAVIES, U.S. Senior District Judge for the District of North Dakota.


TAMM, Circuit Judge:

In this case we are asked to decide whether the district court erred in dismissing the indictment against Rudolph V. Tate, and whether the juvenile court complied with the mandate of a full investigation in the juvenile waiver proceedings in accordance with the teaching in Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966). We find that error was committed and that the indictment should not...

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