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UNITED STATES v. MERCURIO

33 F.2d 142 (1928)

UNITED STATES v. MERCURIO et al.

District Court, N. D. New York.

May 22, 1928.

Attorney(s) appearing for the Case

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (James J. Crowley, Asst. U. S. Atty., of Syracuse, N. Y., of counsel), for the United States.

D. Charles O'Brien, J. C. Setright, and Keith Driscoll, all of Syracuse, N. Y., for defendants.

COOPER, District Judge.

This is a demurrer by the government to the plea of double jeopardy interposed by the defendants, arising out of the former acquittal of these defendants by directed verdict. In their plea the defendants assert that the indictment under which they were acquitted charged the same offenses as the new indictment. The district attorney demurs to this plea and asks that it be overruled, claiming that the former indictment charged one kind of offense...

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