WEDNESDAY, FEBRUARY 8, 1956

Wednesday, February 8, 1956

HEADLINE: DISTRICT ATTORNEY EXPLAINS STATUES IN LINDBERGH CASE

Points Out Difficulties If State Prosecuted This Complex Case


In a telephone interview with the Times reporter, United States District Attorney, George MacKinnon explained the federal statutes covering the murder indictment product against James P. Taylor by a grand jury last week.


He pointed out the difficulties involved if the state prosecute Taylor for the bank robbery and the killing of Kenneth Lindbergh last November 12 and 13.
In substance, he said, this statute provides that whoever or by force or violence, or by intimidation, takes or attempts to take from the person or persons of others, or steals or purloins any money or property belonging to any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, is guilty of a federal offense and if he is committing such an offense, or is avoiding or attempting to avoid apprehension for the commission of such an offense, if any offender kills any person, the statute provides that he shall be imprisoned not less than 10 years or punished by death if the verdict of the jury shall be so directed.


The crime of bank robbery and murder in the commission of such an offense makes the robbery and killing one offense, a district attorneys stated. The United States has authority to try such cases in Minnesota if committed in the state or if begun in Minnesota and completed in some other state.
He explained that state jurisdiction might be divided into two offenses, (murder and bank robbery), they can then pointed out the complications which might arise and prosecuting such a case.


With respect to the bank robbery or theft, he said it would be necessary to prove where the money was taken from Lindbergh in Thief River Falls, Detroit Lakes, Clear Lake, or where?


This difficulty would be inherent in the state prosecution for murder -- it would be necessary to prove that the offense was committed in a particular county where the defendant was being tried.


Because the Lindbergh crime was part of an interstate offense, it is necessary to secure the attendance of out-of-state witnesses for grand jury and trial purposes, which would be most difficult on a state prosecution.
However, the process of federal courts in such matters is the effective throughout the US, to compel immediate attendance where the case is being presented.

MacKinnon said any witnesses served in any part of the country, are appearing in court the next day.
Such procedures permit the U.S. to prosecute all associated offenses on a complete basis, whereas the cost to any local subdivision of government of gathering such material would be staggering.


A grand jury composed of 10 men and two women charged Taylor on four counts including murder.

e