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UNITED STATES v. McKOY

No. 78-1428.

591 F.2d 218 (1979)

UNITED STATES of America v. Rethamae McKOY, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 15, 1979.

Attorney(s) appearing for the Case

Louis Lipschitz, Lipschitz & Danella, Philadelphia, Pa., for appellant.

Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief, App. Div., Robert C. Fourr, Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, HUNTER, Circuit Judge, and LACEY, District Judge.

OPINION OF THE COURT

LACEY, District Judge.

This appeal presents the issue whether retrial of the defendant appellant (McKoy), following termination of her original trial by mistrial declared by the district court over her objection, is violative of the Double Jeopardy Clause of the fifth amendment. McKoy appeals from denial below of her motion to dismiss the indictment on double jeopardy grounds. We reverse.

I

On October 5, 1977, and following...

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