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SCOTT v. UNITED STATES

Nos. 11432, 11433, 11434 and 11435.

202 F.2d 354 (1952)

SCOTT v. UNITED STATES. JONES v. UNITED STATES. JOHNSON v. UNITED STATES. BAYNE v. UNITED STATES.

United States Court of Appeals. District of Columbia Circuit.

Decided August 7, 1952.

Writ of Certiorari Denied November 10, 1952.

Attorney(s) appearing for the Case

William E. Owen and Earl H. Davis, Washington, D. C., for appellants.

William J. Peck, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., and Frederick C. Smithson, Grace B. Stiles, Joseph M. Howard and William E. Kirk, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, PROCTOR and BAZELON, Circuit Judges.

Writ of Certiorari Denied November 10, 1952. See 73 S.Ct. 176.

PER CURIAM.

When appellants were first brought to trial on the indictment involved here, the court, sua sponte, declared a mistrial. Upon the retrial which is under review here, appellants claimed that the first trial constituted former jeopardy and moved to be discharged. The trial judge denied this motion, and the correctness of his ruling is the sole issue presented by this appeal.

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