United States v. National City Lines, Inc.

The defendants, indicted for violation of the Sherman Anti-Trust Law, 15 U.S.C.A. §§ 1-7 , 15 note, have moved to transfer the proceeding to another district under the provision of the Federal Criminal Rules of Procedure, 18 U.S.C.A. following section 687, which reads:

“The court upon motion of the defendant shall transfer the proceeding as to him to another district or division, if it appears from the indictment or information or from a bill of particulars that the offense was committed in more than one district or division and if the court is satisfied that in the interest of justice the proceeding should be transferred to another district or division in which the commission of the offense is charged.”

I.

The Practice Which Led to the Change.

This provision is an innovation in federal criminal procedure. Up to the time of its enactment, when an offense was committed in more than one district, the Government had the choice of the district for prosecution.

The Constitution provides that the trial of a criminal offense shall be held in the state where the offense was committed. 2 The Bill of Rights guarantees trial in the state and district wherein the crime was committed. 3…