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DOWNUM v. UNITED STATES

No. 19033.

300 F.2d 137 (1962)

Raymond DOWNUM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 9, 1962.

Attorney(s) appearing for the Case

Richard Tinsman, San Antonio, Tex., for appellant.

Russell B. Wine, U. S. Atty., San Antonio, Tex., John W. McDonald, Asst. U. S. Atty., Waco, Tex., for appellee.

Before JONES, BROWN and GEWIN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This appeal brings into consideration the effect of the double jeopardy provision of the Fifth Amendment of the Constitution.1 Our view of the circumstances of this case is that this constitutional guarantee has not been infringed by Downum's trial and conviction. We therefore affirm.

The facts are simple and undisputed. The problem concerns their legal significance. On April 19, 1961, Downum was arraigned...

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