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UNITED STATES v. SMITH

No. 11610.

390 F.2d 420 (1968)

UNITED STATES of America, Appellee, v. John K. SMITH, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 5, 1968.

Attorney(s) appearing for the Case

Joseph L. Peters, Jr., Court-appointed counsel, Alexandria, Va., for appellant.

Roger T. Williams, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

We are to decide whether John K. Smith was (a) fairly and (b) constitutionally tried and convicted in the district court. We agree that prejudicial error with respect to the admission of evidence vitiates the trial. Judge Bryan and I would reverse and permit Smith to be tried again. Judge Sobeloff would also reverse the conviction, but believing that Smith was twice put in jeopardy in violation of the Fifth Amendment, he is of the opinion that...

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