GROGAN v. UNITED STATES

No. 24083.

394 F.2d 287 (1967)

James Robert GROGAN, III, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 28, 1967.

Second Rehearing Denied April 2, 1968.


Attorney(s) appearing for the Case

James H. Fort, Columbus, Ga., Richard M. Welling, Welling & Miller, Charlotte, N. C., James H. Fort, Columbus, Ga., L. P. McLendon, L. P. McLendon, Jr., Charles B. Robson, Jr., C. Allen Foster, Greensboro, N. C., for appellant.

Walker P. Johnson, Jr., Manley F. Brown, Asst. U. S. Attys., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, GEWIN and AINSWORTH, Circuit Judges.


AINSWORTH, Circuit Judge:

In this criminal case the principal issue for our determination is whether the trial court erred in twice putting appellant in jeopardy for the same offenses, a mistrial having been declared by the district judge on the first trial when the jury was unable to agree on a verdict as to appellant.

Appellant was the manager of the Shelby Municipal Airport for the City of Shelby, North Carolina. He kept and maintained all types of aircraft...

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