SANABRIA v. UNITED STATES

No. 76-1040.

437 U.S. 54 (1978)

SANABRIA v. UNITED STATES.

Supreme Court of United States.

Decided June 14, 1978.


Attorney(s) appearing for the Case

Francis J. DiMento argued the cause and filed briefs for petitioner.

Frank H. Easterbrook argued the cause for the United States pro hac vice. With him on the brief were Solicitor General McCree, Assistant Attorney General Civiletti, and Sidney M. Glazer.


MR. JUSTICE MARSHALL delivered the opinion of the Court.*

The issue presented is whether the United States may appeal in a criminal case from a midtrial ruling resulting in the exclusion of certain evidence and from a subsequently entered judgment of acquittal. Resolution of this issue depends on the application of the Double Jeopardy Clause of the Fifth Amendment to the somewhat unusual facts of this case.

I

Petitioner...

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