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GOVERNMENT OF VIRGIN ISLANDS v. SCUITO

No. 79-1905.

623 F.2d 869 (1980)

GOVERNMENT OF the VIRGIN ISLANDS v. Louis SCUITO, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Larry J. Ritchie, Washington, D.C. (argued), John E. Stout, Grunert, Stout, Hymes, Mayer & Smock, Charlotte Amalie, St. Thomas, V.I., for appellant.

David B. Smith (argued), Dept. of Justice, Washington, D.C., Ishmael A. Meyers, U.S. Atty., Terry M. Halpern, Asst. U.S. Atty., Charlotte Amalie, St. Thomas, V.I., for appellee.

Before ADAMS, MARIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal from a conviction for forcible rape,1 the defendant Louis Scuito asserts two errors: (1) The trial judge erred in not barring a new trial on double jeopardy grounds after a mistrial was declared on Scuito's motion because of certain prejudicial questions asked by the prosecutor. (2) The trial judge abused or failed to exercise...

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