UNITED STATES v. JAMISON

Nos. 73-1277 and 74-1042.

505 F.2d 407 (1974)

UNITED STATES of America v. Clayborne JAMISON, Jr., Appellant. UNITED STATES of America v. Clayborne JAMISON, Sr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 15, 1974.


Attorney(s) appearing for the Case

Daniel M. Singer, Washington, D. C. (appointed by this court) for appellant in No. 73-1277.

Thomas Fortune Fay, Chevy Chase, Md., for appellant in No. 74-1042.

James N. Owens, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Warren L. Miller, Asst. U. S. Attys., were on the brief, for appellee. Harold H. Titus, Jr., U. S. Atty., at the time the record was filed, entered an appearance for appellee in No. 73-1277.

Before McGOWAN and ROBINSON, Circuit Judges, and WEIGEL, United States District Judge for the Northern District of California.


McGOWAN, Circuit Judge:

The central question presented by these consolidated appeals from the District Court is whether appellants, having successfully sought a mistrial under an earlier indictment for second degree murder, could thereafter be indicted for first degree murder. We conclude that, under the circumstances disclosed by this record, the Due Process Clause stands in the way. Accordingly, and for the reasons set forth hereinafter, we find the indictments...

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