HATTAWAY v. UNITED STATES

No. 19228.

304 F.2d 5 (1962)

Roy Orlen HATTAWAY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 6, 1962.


Attorney(s) appearing for the Case

Isaac F. Hawkins, Jr., Shreveport, La., for appellant.

T. Fitzhugh Wilson, U. S. Atty., Shreveport, La., Marshall Tamor Golding, Atty., Dept. of Justice, Washington, D. C., Herbert J. Miller, Jr., Asst. Atty. Gen., Criminal Division, Dept. of Justice, for appellee.

Before BROWN and WISDOM, Circuit Judges, and DeVANE, District Judge.


JOHN R. BROWN, Circuit Judge.

The question here is whether indictment really means indictment. We hold that it does, and the indictment, having been returned for the first time after the running of the controlling statute of limitations, prosecution of this case of kidnapping was barred and the conviction cannot stand. We accordingly reverse.

The case turns on § 3288 of the Criminal Code which extends the limitations period:

"Whenever an indictment...

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