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WILKETT v. UNITED STATES

Nos. 81-1294, 81-1295 and 81-1296.

655 F.2d 1007 (1981)

James WILKETT, Thomas H. Conklin, Jr., and Joe F. Hoover, Defendants-Appellants, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 24, 1981.

Rehearing Denied July 21, 1981.

Attorney(s) appearing for the Case

Gene Stipe, Stipe, Gossett, Stipe, Harper & Estes, Oklahoma City, Okl. (Mitchell A. Lee, Stipe, Gossett, Stipe, Harper & Estes, Oklahoma City, Okl., with him on the brief), for defendant-appellant Wilkett.

William J. Skepnek, Linn, Helms, Kirk & Burkett, Oklahoma City, Okl. (William R. Burkett, Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., with him on the brief), for defendant-appellant Conklin.

Carl D. Hughes, Hughes, Nelson & Blessington, Oklahoma City, Okl., for defendant-appellant Hoover.

James F. Robinson, Sp. Asst. U. S. Atty., Muskogee, Okl. (James E. Edmondson, U. S. Atty., Muskogee, Okl., with him on the brief), for plaintiff-appellee.

Before McWILLIAMS and DOYLE, Circuit Judges, and KERR, District Judge.

Rehearing Denied in Nos. 81-1295, 81-1296 July 21, 1981.

WILLIAM E. DOYLE, Circuit Judge.

We here consider three consolidated appeals, all of which involve the former jeopardy provision of the Fifth Amendment to the Constitution of the United States. The issue as to defendants-appellants Conklin and Hoover are similar, if not the same. The problems in the case of Wilkett are different from those present in the Conklin and Hoover cause. Therefore, the latter...

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