UNITED STATES v. ALFORD

No. 74-3154.

516 F.2d 941 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. William Ervin ALFORD and Jimmie Ellis Scott, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 30, 1975.


Attorney(s) appearing for the Case

Ralph Kennamer, Mobile, Ala., for Alford.

D. Wayne Childress, Mobile, Ala. (Court appointed), for Scott.

Charles S. White-Spunner, U. S. Atty., Mobile, Ala., Irwin W. Coleman, Jr., Asst. U. S. Atty., for plaintiff-appellee.

Before GOLDBERG and RONEY, Circuit Judges and GROOMS, District Judge.


GOLDBERG, Circuit Judge.

The appellants in this case were indicted for conspiring to possess and sell untaxed liquor and for doing so in violation of 18 U.S.C. § 371 and 26 U.S.C. § 5205(a)(2). A mistrial was declared during the course of the first court proceeding on this indictment. In the second trial the defendants were found guilty. They appeal to this Court on the grounds that they were subjected to double jeopardy when they were retried. We believe...

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