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WHITE v. UNITED STATES

No. 20542.

377 F.2d 948 (1967)

James H. WHITE, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 14, 1967.

Attorney(s) appearing for the Case

Mr. Noel H. Thompson, Washington, D. C. (appointed by this court) for appellant.

Mr. Arthur L. Burnett, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Donald S. Smith, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, McGOWAN and TAMM, Circuit Judges.

PER CURIAM:

An indictment of appellant for unauthorized use of a vehicle, in violation of D.C.Code § 22-2204, was dismissed by the District Court December 9, 1965. Upon consideration of the record relating to the dismissal we conclude that it was with prejudice. Nevertheless, a few days thereafter, December 15, 1965, appellant was again indicted for the same offense.1 His motion to dismiss the second indictment due to the bar created...

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