Can the dismissal of a criminal case be dismissed for want of prosecution?
MultiRegion, United States of America
The following excerpt is from Cohen v. United States, 366 F.2d 363 (9th Cir. 1966):
In Mann v. United States, supra, the dismissal seven months after indictment
[366 F.2d 366]
was "for want of prosecution" after the government displaced and could not find a missing document essential to the prosecution. At the time of dismissal, the judge urged the government's attorney to investigate the disappearance of the evidence and commented that since the statute of limitations had not run, appellant could be reindicted. Appellant was reindicted when the missing evidence was found.[366 F.2d 366]
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