ABNEY v. UNITED STATES

No. 75-6521.

431 U.S. 651 (1977)

ABNEY ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided June 9, 1977.


Attorney(s) appearing for the Case

Ralph David Samuel argued the cause for petitioners. With him on the briefs were Thomas C. Carroll, Mark D. Schaffer, and Joel Harvey Slomsky.

Assistant Attorney General Thornburgh argued the cause for the United States. With him on the brief were Solicitor General Bork, Shirley Baccus-Lobel, and Marc Philip Richman.*


MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to determine whether a pretrial order denying a motion to dismiss an indictment on double jeopardy grounds is a final decision within the meaning of 28 U. S. C. § 1291,1 and thus immediately appealable. If it is a final decision, we must also decide: (a) whether the Double Jeopardy Clause bars the instant prosecution...

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