U.S. v. SMITH

No. 87-24-01-CR-4.

675 F.Supp. 307 (1987)

UNITED STATES of America v. Carlton J. SMITH.

United States District Court, E.D. North Carolina, New Bern Division.

December 9, 1987.


Attorney(s) appearing for the Case

D.J. Stone, OSJA, U.S. Marine, John Bruce, and Capt. Matthew F. Bogdanos, Camp Lejeune, N.C., for plaintiff.

Richard L. Cannon, III, Greenville, N.C., for defendant.


MEMORANDUM OPINION

BRITT, Chief Judge.

On 8 July 1987 defendant, Carlton J. Smith, (Smith) was indicted on three counts of murder and one count of attempted escape. On 3 August 1987 defendant filed a motion to dismiss the indictment. The government has responded and oral arguments have been held. An order was entered on 3 December 1987 denying the motion, and this opinion explains the reasons for the court's ruling.

FACTUAL BACKGROUND

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