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UNITED STATES v. JENKINS

No. 79, Docket 73-1572.

490 F.2d 868 (1973)

UNITED STATES of America, Appellant, v. Ronald S. JENKINS, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1973.

Attorney(s) appearing for the Case

James S. Carroll, New York City, for appellee.

L. Kevin Sheridan, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., of counsel), for appellant.

Before LUMBARD, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal by the United States from a judgment of the District Court for the Eastern District of New York dismissing an indictment after a bench trial is the latest in a growing list of cases showing that the eagerly awaited 1970 amendment of the Criminal Appeals Act, 18 U.S.C. § 3731, 84 Stat. 1890, has not resolved all the problems in this area.1

The statute, so far as here relevant, reads as follows...

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