24 F.2d 1001 (1926)


District Court, S. D. New York.

September 29, 1926.

Attorney(s) appearing for the Case

Nash Rockwood, of New York City, for the motion.

Fletcher Dobyns and Sylvester R. Rush, Sp. Asst. Attys. Gen., opposed.

THACHER, District Judge.

As a plea of autrefois acquit in bar to the indictment, the motion cannot be sustained, because the offenses charged are not identical. Burton v. U. S., 202 U.S. 344, 26 S.Ct. 688, 50 L. Ed. 1057, 6 Ann. Cas. 632. The judgment upon the former indictment is therefore asserted, not in bar, but as an estoppel, upon the principle that questions of fact or of law, distinctly put in issue and directly determined by...

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