THOMAS, District Judge.
The matter now before the court is a motion to reargue a motion to dismiss counts 2 to 9, inclusive, made on behalf of the defendant Kraut at the beginning of the third trial at which Kraut was charged with the sale of narcotic drugs. Former jeopardy was the ground upon which all the former motions were predicated as well as the motion now before the court.
The record shows that these defendants were indicted in nine counts in October...
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