UNITED STATES v. TINNEY

No. 72-1612.

473 F.2d 1085 (1973)

UNITED STATES of America v. Dennis Eugene TINNEY, Appellants, et al.

United States Court of Appeals, Third Circuit.

Decided February 13, 1973.

As Amended March 2, 1973.


Attorney(s) appearing for the Case

John Rogers Carroll, Philadelphia, Pa., for appellant.

Gilbert J. Scutti, Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before BIGGS, ADAMS and HUNTER, Circuit Judges.


OPINION OF THE COURT

BIGGS, Circuit Judge.

This appeal presents a serious question concerning the application of the Fifth Amendment to the Constitution which provides that no person shall "be twice put in jeopardy of life or limb" for the same offense. The appellant Tinney and five co-defendants were indicted for conspiracy and bank robbery pursuant to 18 U.S.C. § 2113(a), (b), and (d). Tinney and three co-defendants were tried together. At the close...

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