CHAIFETZ

v.

UNITED STATES

Citator

Cited By

• Melvee Tucker v. State, 417 So. 2d 1006 (Fla. 3d DCA 1982)
  …, 17 Fla. 195 (1879) (conviction for murder in third degree cannot stand when not prosecuted within period fixed by statute). For cases in other jurisdictions see Chaifetz v. United States, 109 U.S.App.D.C. 349, 288 F. 2d 133 (1960), cert. denied, 366 U.S. 209, 81 S.Ct. 1051, 6 L.Ed.2d 233 (1961) (rule adopted as response to efforts of zealous prosecutors to avoid statute of limitations against lesser offenses); State v. Fogel, 16 Ariz.App. 246, 492 P. 2d 742 (Ariz.App.1972) (statute of limitations limits…
• Waters v. United States, 328 F.2d 739 (10th Cir. 1964)
  …t is not a mere limitation upon the remedy, but a limitation upon the power of the sovereign to act against the accused. See: Benes v. United States (6 CA), 276 F. 2d 99; and Chaifetz v. United States, 109 U.S.App.D.C. 349, 288 F. 2d 133, cert. den. 366 U.S. 209, 81 S.Ct. 1051, 6 L.Ed. 2d 233, reh. den. 366 U.S. 955, 81 S.Ct. 1901, 6 L.Ed.2d 1247. We have indicated, however, following good authority, that the statute is an affirmative defense, not available in a collateral attack by habeas corpus. See: Rob…
• Coleman v. United States, 295 F.2d 555 (D.C. Cir. 1961)
  …833 note 1. . Green v. United States, supra note 5. . Cf. Berra v. United States, 1956, 351 U.S. 131, 134, 76 S.Ct. 685, 100 L.Ed. 1013; Chaifetz v. United States, 1960, 109 U.S.App.D.C. 349, 288 F. 2d 133, reversed in part on other grounds 1961, 366 U.S. 209, 81 S.Ct. 1051, 6 L.Ed.2d 233. . Appellant’s trial counsel moved for acquittal “with special emphasis on Count One” on the ground that “a bona fide arrest” had occurred which “stopped the felony.” . Conformably to the law of arrest, infra, we have…