Can a motion to dismiss a superseding indictment be made before the trial of the first superseding charge has been heard?
MultiRegion, United States of America
The following excerpt is from United States v. Antonick, 481 F.2d 935 (9th Cir. 1973):
This motion was made just before the trial of a first superseding indictment. It is a matter controlled by the exercise of the sound discretion of the trial court. This occurred. We find no abuse of discretion or error. United States v. Martinez, 429 F.2d 971, 975 (9th Cir. 1970).5
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