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UNITED STATES v. LEPPO

No. 80-2277.

641 F.2d 149 (1981)

UNITED STATES of America, Appellee, v. Carroll LEPPO, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 5, 1981.

Attorney(s) appearing for the Case

Daniel W. Shoemaker (argued), Shoemaker, Thompson & Nese, York, Pa., for appellant.

Carlon M. O'Malley, Jr., U. S. Atty., Frederick E. Martin (argued), Asst. U. S. Atty., Lewisburg, Pa., for appellee.

Before WEIS and HIGGINBOTHAM, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

DEBEVOISE, District Judge.

The district court granted defendant Carroll Leppo's motion for a mistrial for the reason that a government witness referred in his testimony to Leppo's refusal to answer certain questions during an interrogation by a Federal Bureau of Investigation agent. Thereafter, the court denied Leppo's motion to dismiss the indictment on double jeopardy grounds and commenced a second trial. Leppo appeals from that order...

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