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UNITED STATES v. FOXWORTH

No. 78-1449.

599 F.2d 1 (1979)

UNITED STATES of America, Appellee, v. Scott S. FOXWORTH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 9, 1979.

Attorney(s) appearing for the Case

Willie J. Davis, Boston, Mass., by appointment of the Court, for defendant, appellant.

Elliot D. Lobel, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before ALDRICH and CAMPBELL, Circuit Judges, and GIGNOUX, District Judge.

GIGNOUX, District Judge.

On April 19, 1978 a federal grand jury at Boston indicted Scott S. Foxworth for murder, a violation of 18 U.S.C. § 1111. On April 20, his present attorney was appointed to represent him. On April 28, defendant filed a motion to dismiss the indictment on the ground that the grand jury which returned the indictment was not selected in accordance with the Jury Selection and Service Act of 1968, 28 U.S.C. §§ 1861 et seq....

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