James Butler Elkins and Raymond Frederick Clark v. United States

On February 4, 1957, in the United States District Court for the District of Oregon, appellants (Jamas Butler Elkins and Raymond Frederick Clark), hereafter called defendants, were indicted in nine counts. On February 18, 1957, defendants were .arraigned, pleaded not guilty and were granted permission “to move against the indictment” on or before March 18, 1957. Defendants did not so move on or before March 18, 1957.

On March 19, 1957, defendants filed a motion improperly entitled “Motion to dismiss the indictment.” On March 29, 1957, defendants filed a motion improperly entitléd “Supplemental motion to dismiss the indictment.” The motion of March 19, 1957, was denied on April 2, 1957. The motion of March 29, 1957, was denied on April 12, 1957.

On March 25, ,1957, defendants filed a motion improperly entitled “Motion for return of seized property and suppression of evidence.” That motion was denied on April 12,1957.

On March 12, 1957, the case was set for trial on March 26, 1957. On March 18, 1957, defendants filed a motion for continuance, thereby seeking postponement of the trial to a date at least 90 days after March 26, 1957 — in other words, to June 24, 1957, or later. On…