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UNITED STATES v. DANIELS

No. 67 Cr. 611.

282 F.Supp. 360 (1968)

UNITED STATES of America v. Clifton Orneal DANIELS, Ronald Del Raine, and Henry Michael Gargano.

United States District Court N. D. Illinois, E. D.

April 2, 1968.

Attorney(s) appearing for the Case

Terence F. MacCarthy and Thomas D. Decker, Chicago, Ill., for defendant Clifton Orneal Daniels.

Charles A. Bellows, Joseph A. Ettinger, Chicago, Ill., for defendant Ronald Del Raine.

Edward J. Calihan, Jr., Ronald P. Alwin, Chicago, Ill., for defendant Henry Michael Gargano.

Thomas A. Foran, U. S. Atty., Chicago, Ill., for the United States.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO WAIVE TRIAL BY JURY

ROBSON, District Judge.

The defendants have moved this court to waive a trial by jury. They allege that because of the massive pre-trial publicity, a fair and impartial jury could not be selected in this district. The court concludes that this motion should be denied for the reasons set out below.

Rule 23 of the Federal Rules of Criminal Procedure requires the consent of the government...

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