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UNITED STATES v. WAGONER

No. 7192.

313 A.2d 719 (1973)

UNITED STATES, Appellant, v. Stanley C. WAGONER, Appellee.

District of Columbia Court of Appeals.

Decided January 14, 1974.

Attorney(s) appearing for the Case

Lee Cross, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and William S. Block, Asst. U. S. Attys., were on the brief, for appellant.

William W. Taylor, III, Washington, D. C., appointed by this court, with whom Robert M. Weinberg, Washington, D. C., was on the brief, for appellee.

Before NEBEKER, YEAGLEY and HARRIS, Associate Judges.

NEBEKER, Associate Judge:

This government appeal presents the question whether an indictment may be dismissed because it was based exclusively on a transcript of sworn testimony before an earlier grand jury. The original indictment for carnal knowledge of a 14-year-old girl (D.C. Code 1973, § 22-2801) was returned in the United States District Court, that court then having subject matter jurisdiction over such offenses. D.C. Code 1973, § 11-502. The indictment...

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