Daniel L. Abdul v. United States

Once before appellant was here appealing from a conviction on an indictment charging him with a misdemeanor for violation of the income tax laws in that he “wilfully” failed to file Employer’s Quarterly Federal Tax Returns reporting the tax withheld from employee’s wages. His conviction was reversed and the case remanded for a new trial. Abdul v. United States, 9 Cir., 1958, 254 F.2d 292 . Later the case was set for retrial. The judges in Hawaii deeming themselves disqualified, Judge Peirson M. Hall of the Southern District of California was designated to try the case. Pursuant to said designation, Judge Hall entered into the trial of the case and in the course of the trial sustained a motion to dismiss because of a defect in the indictment. The United States District Attorney then determined to seek a new indictment and to have a trial thereon during the time Judge Hall would be available in Hawaii and thus avoid the expense and delay which would result if the case was continued and another judge designated to go to Hawaii at a later date. To expedite the proceedings, the court ordered that only those members of the Grand Jury, which had theretofore been empaneled, who were…