true that the right to move does not at all depend on the exist- ence of this indictment; it might be made, were no prosecution pending." See also Co-Bart Importing Co. v. United States, 1931, 282 U.S. 344, 355. 61 S.Ct. 153.75 L Ed. 374 ; Foley v. United States, 5 Cir., 64 F.2d 1, 3, certiorari denied, 1933. 289