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UNITED STATES v. KOVACS

Crim. No. 44328.

150 F.Supp. 301 (1957)

UNITED STATES of America v. Louis G. KOVACS, Defendant.

United States District Court E. D. New York.

April 3, 1957.

Attorney(s) appearing for the Case

William P. Shea, New York City, for defendant, for the motion.

Leonard P. Moore, U. S. Atty., by Marie L. McCann, Asst. U. S. Atty., Brooklyn, N. Y., in opposition.

RAYFIEL, District Judge.

The defendant has moved for an order dismissing the indictment herein for failure of prosecution, claiming that he has been denied his right to a speedy trial, guaranteed under the 6th Amendment of the Constitution of the United States. The right to grant such relief, always an inherent power of the court, is now provided by Rule 48(b) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., which reads as follows: — "If there is unnecessary...

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