CLARK, Circuit Judge.
Defendant Henry Cording appeals from a judgment of conviction on three counts of an indictment for the illegal sale of heroin, 21 U.S.C. § 174, 26 U.S.C. §§ 4704(a), 4705(a). An earlier trial on these counts before Judge Abruzzo resulted in a hung jury; and, for his first point, defendant contends that a second trial was therefore barred on the ground of former jeopardy. On the first trial the jury commenced deliberations at 3...
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