GLOVER v. UNITED STATES

No. 6565.

301 A.2d 219 (1973)

Milton R. GLOVER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1973.


Attorney(s) appearing for the Case

Richard H. Ringell, Washington, D. C., appointed by this court, for appellant.

John C. Lenahan, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Joseph E. di Genova, and Harry R. Benner, Asst. U. S. Attys,. and Neil A. Kaplan, Law Student Counsel, were on the brief, for appellee.

Before KELLY, GALLAGHER and NEBEKER, Associate Judges.


GALLAGHER, Associate Judge:

Appellant was convicted of unlawful possession of heroin in violation of D.C. Code 1967, § 33-402 by jury trial on June 1, 1972. Prior to that trial, appellant had been tried for the same offense, but it was aborted by a mistrial granted sua sponte by the trial judge. Appellant claims that the second trial was barred by the Fifth Amendment Double Jeopardy Clause.

The first trial was commenced May 3, 1972 in the late...

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