United States v. Durkee Famous Foods, Inc., 306 U.S. 68 (1939)
U.S. Supreme CourtUnited States v. Durkee Famous Foods, Inc., 306 U.S. 68 (1939)
United States v. Durkee Famous Foods, Inc.
Argued January 10, 11, 1939
Decided January 30, 1939*
306 U.S. 68
The Act of May 10, 1934, provides that, when an indictment is found insufficient after the period of the statute of limitations has expired, a new indictment may be returned during the next succeeding term following such finding during which a grand jury shall be in session. Held that this does not authorize reindictment at the same term during which the first indictment was found defective. P. 306 U. S. 69.
Appeal, under the Criminal Appeals Act, from a judgment sustaining a plea in bar to an indictment.