United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Cadarr, 197 U.S. 475 (1905)

United States v. Cadarr

No. 438

Argued February 28, March 1, 1905

Decided April 3, 1905

197 U.S. 475

Syllabus

Section 939 of the District of Columbia Code, providing that, if any person charged with a criminal offense shall have been committed or held to bail to await the action of the grand jury, and the grand jury does not act within nine months the prosecution on the charge shall be deemed to be abandoned and the accused set free or his bail discharged, is not a statute of limitations, and does not repeal or affect the general statute of limitations in force in the District, § 1044 Rev.Stat., and a person, who in this case had not made any application under § 939 to be released from bail, may be held to answer upon an indictment found more than nine months after he was arrested and held to bail.

It would require clear and specific language to indicate a legislative intent

Page 197 U. S. 476

to bar the prosecution of all offense for the failure of the grand jury to act within nine month of the arrest of the accused when the latter is at large under bail.

The facts are stated in the opinion.