Stephen Kong, Jr. v. United States

Kong appeals from a judgment in a jury tried case sentencing him to imprisonment upon an indictment charging that he “did endeavor to influence, obstruct and impede the due administration of justice in that he did knowingly, wilfully, unlawfully, feloniously and corruptly endeavor to influence, intimidate and impede Samson Nani Peneku, the said Samson Nani Peneku being then and there a trial juror duly impaneled and sworn in the case of United States v. Charles Fujimoto, 107 F.Supp. 865 , in the United States District Court for the Territory of Hawaii, in violation of Section 1503, Title 18, United States Code.”

His several grounds of appeal are discussed successively.

A. Defendant was not denied a speedy trial in violation of the Sixth Amendment.

The claimed errors in this regard are that the court denied appellant’s motion to dismiss the indictment and his motion for a judgment of acquittal on the ground that appellant was deprived of his right to a speedy trial.

The facts are that the grand jury's indictment of Kong was placed on the secret file for something less than three months before it was openly filed. The reason given by the judge for such action is that the juror…