Summary
construing the Federal counterpart, Federal Rule of Criminal Procedure 8, as mandatorily requiring severance in the case of misjoinder
Summary of this case from Macklin v. StateOpinion
No. 1879, Misc.
Decided June 23, 1969.
Certiorari granted as to petitioner Fox and denied as to all other petitioners; 406 F.2d 930, vacated in part and remanded.
Howard Moore, Jr., for petitioners.
Solicitor General Griswold, Assistant Attorney General Wilson, and Beatrice Rosenberg for the United States.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari as to petitioner Fox are granted. The judgment is vacated in part and the case is remanded to the United States District Court for the Northern District of Georgia for further consideration in light of Alderman v. United States, 394 U.S. 165. MR. JUSTICE BLACK dissents. As to all other petitioners the petition for a writ of certiorari is denied.