UNITED STATES v. LEE

No. 75-1836.

539 F.2d 612 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Jerome LEE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 1976.


Attorney(s) appearing for the Case

Prof. Conrad Kellenberg, and Maureen S. Power (Third Year Law Student Presenting Oral Argument by Leave of Court), Notre Dame, Ind., for defendant-appellant.

John R. Wilks, U.S. Atty., Frank J. Gray, Asst. U.S. Atty., Fort Wayne, Ind., for plaintiff-appellee.

Before SWYGERT and BAUER, Circuit Judges, and HOFFMAN, Senior District Judge.


PER CURIAM.

The question presented on this appeal is whether the double jeopardy clause of the Constitution is violated when a person is put to trial twice, the first time on a faulty charge.

The evidence at both trials was identical. Chales Bilskie, a blind person, operated a newspaper and candy concession in the main lobby of the Fort Wayne, Indiana, Post Office. On December 21, 1973 Bilskie had placed his two wallets containing money in the amount of $66...

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