UNITED STATES v. McQUILKIN

Nos. 81-1844, 81-1846, 81-2175 and 81-2176.

673 F.2d 681 (1982)

UNITED STATES of America v. Robert McQUILKIN, and Arlene Whalin, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 1, 1982.


Attorney(s) appearing for the Case

Edward H. Weis, First Asst. Federal Defender, Defender Association of Phila., Federal Court Div., Philadelphia, Pa., for appellants.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Mary C. Spearing, Elizabeth K. Ainslie (argued), Asst. U. S. Attys., Philadelphia, Pa., for appellee.

Before ALDISERT, ROSENN and WEIS, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

The principal question before this court is whether it has jurisdiction to hear an intermediate appeal after conviction and grant of a new trial on the contention that the evidence in the first trial was legally insufficient to convict and a second trial is therefore precluded by the Double Jeopardy Clause. Appellants, having been convicted of criminal contempt without a jury trial before a magistrate, succeeded...

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