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U.S. v. STANSFIELD

No. 98-7233.

171 F.3d 806 (1999)

UNITED STATES of America v. Merritt G. STANSFIELD, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 16, 1999.

Attorney(s) appearing for the Case

Thomas C. Carroll (Argued), Carroll & Cedrone, Philadelphia, PA, for Appellant.

Theodore B. Smith, III (Argued), Office of the United States Attorney, Harrisburg, PA, for Appellee.

Before: BECKER, Chief Judge, and SCIRICA and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The primary issue on this appeal pertains to a retrial of a defendant on certain counts deadlocked by a prior jury without resubmission of those counts to a grand jury. The question presented is novel and complex, although prosecution of criminal cases by indictment even precedes the adoption of the federal constitution. The genesis of the appeal is a motion by the prosecution, following a prior jury trial, to...

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