Silber v. United States, 370 U.S. 717 (1962)

Silber v. United States

No. 454

Argued April 19, 1962
Decided June 25, 1962
370 U.S. 717

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Petitioner’s indictment for violating 2 U.S.C. § 192 was identical to those held defective in Russell v. United States, 369 U.S. 749; the District Court erroneously denied a timely motion to dismiss it; and petitioner was convicted. The issue raised by the motion to dismiss apparently was not presented to the Court of Appeals, and it was not briefed or argued in this Court.

Held: this Court, at its option, may notice a plain error not presented, and the judgment sustaining the conviction is reversed on the authority of Russell v. United States. Pp. 717-718.

111 U.S.App.D.C. 331. 296 F.2d 588 reversed.