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SMALIS v. PENNSYLVANIA

No. 85-227.

476 U.S. 140 (1986)

SMALIS ET AL. v. PENNSYLVANIA

Supreme Court of United States.

Decided May 5, 1986

Attorney(s) appearing for the Case

Norma Chase argued the cause for petitioners. With her on the briefs was Thomas A. Livingston.

Robert L. Eberhardt argued the cause and filed a brief for respondent.

Deputy Solicitor General Frey argued the cause for the United States as amicus curiae urging affirmance. With him on the brief was Solicitor General Fried, Assistant Attorney General Trott, and Alan I. Horowitz.*

JUSTICE WHITE delivered the opinion of the Court.

At the close of the prosecution's case in chief, the trial court dismissed certain charges against petitioners on the ground that the evidence presented was legally insufficient to support a conviction. The question presented is whether the Double Jeopardy Clause bars the prosecution from appealing this ruling.

I

Petitioners, husband and wife, owned a building...

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