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UNITED STATES v. SMITH

No. 7910.

337 A.2d 499 (1975)

UNITED STATES, Appellant, v. Leslie M. SMITH, Appellee.

District of Columbia Court of Appeals.

Decided May 7, 1975.

Attorney(s) appearing for the Case

Joseph B. Valder, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and William S. Block, Asst. U. S. Attys., were on the brief, for appellant.

Patrick J. Christmas, Washington, D.C., for appellee.

Before KERN, GALLAGHER and YEAGLEY, Associate Judges.

GALLAGHER, Associate Judge:

This appeal presents the question of whether the government is collaterally estopped from a retrial of the defendant (appellee) for obstruction of justice. He was originally tried by jury under an indictment containing three counts: obstruction of justice, threats to do bodily harm and bribery.1 He was acquitted of the charges of threats to do bodily harm and bribery, and the jury "hung" on the charge of obstruction...

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