RATTLEY v. IRELAN

No. 11164.

197 F.2d 585 (1952)

RATTLEY v. IRELAN.

United States Court of Appeals District of Columbia Circuit.

Decided April 15, 1952.


Attorney(s) appearing for the Case

Curtis P. Mitchell and Frank D. Reeves, Washington, D. C., for appellant.

William E. Kirk, Jr., Asst. U. S. Atty., for appellee. Charles M. Irelan, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., also entered appearances for appellee.

Before STEPHENS, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.


STEPHENS, Chief Judge.

The question under this motion is whether or not, in view of the provisions of paragraphs (a) and (b) of Rule 7 of the Federal Rules of Criminal Procedure, 18 U.S. C.A., a waiver of indictment obligates the United States Attorney to prosecute by information. The terms of paragraphs (a) and (b) of the Rule are as follows:

(a) Use of Indictment or Information. An offense which may be punished by death shall be prosecuted by...

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