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UNITED STATES v. CIMINO

No. 339, Docket 23605.

224 F.2d 274 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. John CIMINO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 29, 1955.

Attorney(s) appearing for the Case

Julio E. Nunez, Asst. U. S. Atty. for Southern Dist. of N. Y., New York City (J. Edward Lumbard, U. S. Atty., on the brief), for plaintiff-appellee.

Robert Mitchell, New York City, for defendant-appellant.

Before CLARK, Chief Judge, and MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

The defendant's claim of double jeopardy rests on the declaration of a mistrial in prior proceedings involving this indictment for a sale of heroin in violation of 21 U.S.C. §§ 173, 174. Judge Palmieri declared a mistrial on the motion of the government when, after the impaneling and the swearing in of the jury, one juror spontaneously rose to say: "Your Honor, I am very much against narcotics, I think I should point that out to you now." This...

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