UNITED STATES v. KUHN

No. 80-1207. Summary Calendar.

629 F.2d 1087 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Robert J. KUHN, Jose C. Davila and Doyle E. Huckabee, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A.

November 5, 1980.


Attorney(s) appearing for the Case

James Daniel (Jay) Doyle, III, Austin, Tex., for Davilla.

Albert A. Pena, III, Corpus Christi, Tex., Richard Witte Alexander, Austin, Tex., for defendants-appellants.

LeRoy Morgan Jahn, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.


PER CURIAM:

Appellants Kuhn, an attorney, Huckabee, his investigator, and Davila, a local police officer, were indicted and tried for conspiring to suborn perjury. A mistrial was granted on their motion after the jury hung. Appellants then moved to dismiss the indictment on the ground that a retrial would subject them to double jeopardy. This interlocutory appeal from the denial of that motion, brought in reliance on Abney v. United States, 431...

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