# James W. Harlow, Charles E. Wilson and Thomas F. Addy v. United States

> Court of Appeals for the Fifth Circuit · April 30, 1962 · 301 F.2d 361

URL: https://www.frixlaw.com/law-library/cases/9448448

## Case

- **Full name:** James W. HARLOW, Charles E. Wilson and Thomas F. Addy, Appellants, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** April 30, 1962
- **Citations:** 301 F.2d 361
- **Precedential status:** Published
- **Opinion:** Concurrence by Rives
- **Judges:** Tuttle, Rives, Wisdom
- **Cited by:** 105 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by Moses K. Murray v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 450 F.2d 465 (1971).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448448

## How later opinions describe it (automated extraction)

- holding that “territory governed by the United States is not a ‘district’ under Section 3238 unless the court having jurisdiction over that territory is invested with the same power as ordinary district courts to try offenses made such by law of Congress”

## Opinion text

RIVES, Circuit Judge
(concurring specially).
I concur in the result, but differ from one part of the opinion which seems to me not necessary for the result. The statement in the opinion that the right to a speedy trial guaranteed by the Sixth Amendment does not arise until after a prosecution is instituted against the accused is supported by several opinions of Courts of Appeals. See Foley v. United States, 8 Cir., 1961, 290 F.2d 562, 565 , and cases there cited. It does not seem to me, however, that that proposition is “well established” in the absence of a controlling decision of the Supreme Court; and, with deference, I am not convinced that it is sound. I forego expressing reasons for my doubts because I am satisfied that, under the facts of this case, there was no unnecessary and unreasonable delay at any stage, either before the prosecution was instituted or afterward. In all other respects, I am in full accord with the comprehensive and able opinion. I therefore concur specially.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448448. Public record. Not legal advice.