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Criminal Procedure Keyed to Ohlin
United States v. Marion
Citation:
404 U.S. 307 (1971)Facts
On April 21, 1970, the two appellees were indicted and charged in 19 counts with operating a business known as Allied Enterprises, Inc., which was engaged in the business of selling and installing home improvements such as intercom sets, fire control devices, and burglary detection systems. On May 5, 1970, appellees filed a motion to dismiss the indictment for failure to commence prosecution of the alleged offenses charged within such time as to afford them their rights to due process of law and to a speedy trial. No evidence was submitted, but it appears that Allied Enterprises had been subject to a Federal Trade Commission cease and desist order on February 6, 1967. Appellees moved to dismiss because the indictment was returned an unreasonably oppressive and unjustifiable time after the alleged offenses.
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