United States v. Storrs, 272 U.S. 652 (1926)

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United States v. Storrs


No. 95


Argued November 24, 1926
Decided December 13, 1926
272 U.S. 652

ERROR TO THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

Syllabus

A plea to abate an indictment because of the presence of a court stenographer at the grand jury investigation and of improper participation in the proceedings by the district attorney does not cease to be a plea in abatement and become a plea in bar, within the meaning of the Criminal Appeals Act, from the circumstance that, by the time when it was sustained, the statute of limitations had intervened to prevent further prosecution. P. 654.

Writ of error dismissed.

Error to a judgment of the district court sustaining a plea and abating an indictment.