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ARMSTRONG v. UNITED STATES

No. 15436.

367 F.2d 821 (1966)

Charles A. ARMSTRONG, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

October 21, 1966.

Attorney(s) appearing for the Case

Raymond J. Smith, Chicago, Ill., for appellant.

Edward V. Hanrahan, U. S. Atty., Chicago, Ill., for appellee; John Peter Lulinski, Lawrence Jay Weiner, Lawrence J. Cohen, Asst. U. S. Attys., of counsel.

Before HASTINGS, Chief Judge, and SWYGERT and FAIRCHILD, Circuit Judges.

PER CURIAM.

A motion to vacate sentence under Title 28, U.S.C.A. sec. 2255, was denied and petitioner appealed.

Petitioner's present claim is that his conviction came about in violation of the second jeopardy provision of the Fifth Amendment. The trial at which he was found guilty followed a trial which ended in mistrial.

The first jury was sworn and opening statements made November 22, 1963. The case was continued to November 25. On November 26, court...

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