GILMORE v. UNITED STATES

No. 17521.

264 F.2d 44 (1959)

McCoy GILMORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Certiorari Denied May 18, 1959.


Attorney(s) appearing for the Case

William F. Walsh, Houston, Tex., for appellant.

Norman W. Black, Asst. U. S. Atty., Houston, Tex., William B. Butler, U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.


Certiorari Denied May 18, 1959. See 79 S.Ct. 1126.

JOHN R. BROWN, Circuit Judge.

Presented here is the significant question whether the interplay of F.R.Crim. P. 29, 18 U.S.C.A., requiring direction of a judgment of acquittal for insufficiency of evidence, and the Fifth Amendment's guaranty against double jeopardy,1 transmutes the order of a new trial after a mistrial from a hung jury into a "final decision" within our appellate...

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