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UNITED STATES v. HARVEY

No. 10843.

392 A.2d 1049 (1978)

UNITED STATES, Appellant, v. Paul J. HARVEY, Appellee.

District of Columbia Court of Appeals.

Decided October 17, 1978.

Attorney(s) appearing for the Case

Peter E. George, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Albert H. Turkus, and William J. O'Malley, Jr., Asst. U. S. Attys., Washington, D.C., were on brief, for appellant.

Thomas W. Farquhar, Washington, D.C., appointed by this court, for appellee.

Before NEWMAN, Chief Judge, KELLY, KERN, GALLAGHER, NEBEKER, YEAGLEY, HARRIS, MACK and FERREN, Associate Judges, and PAIR, Associate Judge, Retired.

PER CURIAM:

The government appeals the trial court's dismissal, for reason of prosecutorial misconduct, of the indictment in this case. We have jurisdiction to hear this appeal under D.C. Code 1973, § 23-104(c) unless the double jeopardy clause of the Fifth Amendment erects a constitutional barrier. In light of the Supreme Court's decision in United States v. Scott, ___ U.S. ___, 98 S.Ct. 2187, 57 L.Ed.2d 65 (1978), we hold that we have jurisdiction; reverse...

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