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UNITED STATES v. CROUCH

No. 76-2361.

566 F.2d 1311 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert W. CROUCH and Albert Kudelka, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 9, 1978.

Attorney(s) appearing for the Case

Dick DeGuerin, Joe J. Newman, Houston, Tex., for defendants-appellants.

James R. Gough, U. S. Atty., Anna E. Stool, Carl Walker, Jr., Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 9, 1978.

THORNBERRY, Circuit Judge:

This is a double jeopardy case. Defendants were tried in district court on a fifteen count indictment alleging various firearms related offenses.1 After the jury had been sworn and the government had presented its case, the trial judge declared a mistrial. The defendants then filed pleas of former jeopardy alleging that the declaration of mistrial...

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