MEMORANDUM OPINION
PRATT, District Judge.
Defendant in this case has filed a motion in arrest of judgment under Rule 34, Fed.R.Crim.P. The issue here is whether a defendant who was never physically present at his "trial" which therefore resulted in a mistrial when his absence was noted, may now, following a subsequent trial and conviction, raise the question of double jeopardy.
On September 18, 1968, the case of "United States v. Charles Reeves,...
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