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MULLIN v. UNITED STATES

No. 19308.

356 F.2d 368 (1966)

Stanley H. MULLIN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1966.

Attorney(s) appearing for the Case

Mr. M. Michael Cramer, Washington, D. C., with whom Mr. H. Thomas Sisk, Jr., Washington, D. C. (both appointed by this Court), was on the brief, for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., for appellee. Mr. John C. Conliff, Jr., U. S. Atty. at time brief was filed, Messrs. Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., and Mr. Jerome Nelson, Asst. U. S. Atty. at time brief was filed, were on the brief, for appellee.

Before BURGER, WRIGHT and LEVENTHAL, Circuit Judges.

BURGER, Circuit Judge.

This is an appeal from a judgment of conviction of robbery. D.C.Code Sec. 22-2901 (1961). The principal questions presented are whether the trial resulting in the conviction under review violated the double jeopardy clause of the Fifth Amendment and whether that claim is timely. The double jeopardy claim rests on the circumstance in a prior trial in which the District Judge declared a mistrial when the jury, having retired to deliberate, sent...

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