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UNITED STATES v. JACKSON

Crim. No. 11829.

262 F.Supp. 716 (1967)

UNITED STATES of America v. Charles JACKSON, also known as "Batman", also known as "Butch", Glenn Walter Alexander De La Motte, and John Albert Walsh, Jr.

United States District Court D. Connecticut.

January 9, 1967.

Attorney(s) appearing for the Case

Jon O. Newman, U. S. Atty., Hartford, Conn., Samuel J. Heyman, Asst. U. S. Atty., and Robert D. Glass, Asst. U. S. Atty., New Haven, Conn., for the United States.

Stephen I. Traub, of Lynch & Traub, New Haven, Conn., and Steven B. Duke, Yale Law School, New Haven, Conn., court-appointed counsel for defendant Jackson.

Ira B. Grudberg, of Jacobs, Jacobs, Jacobs & Jacobs, New Haven, Conn., for defendant Walsh.

Arnold M. Stein, of Stein & Einhorn, Denville, N. J., and Raymond A. Brown, Jersey City, N. J., for defendant De La Motte.

TIMBERS, Chief Judge.

QUESTION PRESENTED

Defendants' motions to dismiss count one of the indictment, pursuant to Rule 12, Fed.R.Crim.P., made before entry of pleas, present what the Court believes to be a substantial question as to whether 18 U.S.C. § 1201(a), a part of the Federal Kidnaping Act, is unconstitutional to the extent that it impairs defendants' free exercise of their Sixth Amendment right to trial by jury.

The Court holds that the...

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