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UNITED STATES v. NASH

No. 15127.

447 F.2d 1382 (1971)

UNITED STATES of America, Appellee, v. Estelle O. NASH, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 7, 1971.

Attorney(s) appearing for the Case

Stanley E. Sacks, Norfolk, Va. (Filmore E. Rose, and Sacks, Sacks & Tavss, Norfolk, Va., on the brief), for appellant.

Roger T. Williams, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on the brief), for appellee.

Before BRYAN, WINTER and BUTZNER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

A conviction of perjury, 18 U.S.C. § 1621, founded on testimony given by her in a prior criminal trial of her for a postal violation impels this appeal by Estelle O. Nash. Her grievance is that the proof in the second trial but repeated the proof in the first trial, where she was acquitted, in respect to the asserted falsity; that in actuality it was a retrial after her acquittal, and thus abrogated the double jeopardy protection...

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