fong foo argued january decided march together standard coil products also certiorari petitioners brought trial valid indictment federal district jurisdiction subject matter government introduced part evidence district judge directed jury return verdicts acquittal formal judgment acquittal entered government petitioned appeals writ mandamus praying judgment acquittal vacated case reassigned trial appeals granted petition ground circumstances revealed record district without power direct judgment acquittal held judgment appeals contrary guaranty fifth amendment double jeopardy pp reversed arthur richenthal argued causes petitioners filed briefs petitioner david feller filed briefs petitioners solicitor general cox argued causes briefs assistant attorney general miller stephen pollak beatrice rosenberg philip monahan bishop per curiam petitioners corporation two employees brought trial jury federal district upon indictment charging conspiracy substantive offense concealing material facts matter within jurisdiction agency violation seven days promised long complicated trial three government witnesses appeared fourth process testifying point district judge directed jury return verdicts acquittal defendants formal judgment acquittal subsequently entered record shows district judge action based upon one two grounds supposed improper conduct part assistant attorney prosecuting case supposed lack credibility testimony witnesses prosecution testified point government filed petition writ mandamus appeals first circuit praying judgment acquittal vacated case reassigned trial granted petition upon ground circumstances revealed record trial without power direct judgment question judge aldrich concurred separately finding directed judgment acquittal based solely supposed improper conduct prosecutor agreeing colleagues district judge without power direct acquittal ground granted certiorari consider question importance administration justice federal courts holding district without power direct acquittals circumstances disclosed record appeals relied primarily upon two decisions ex parte ex parte first cases held district judge power suspend mandatory prison sentence writ mandamus lie require judge vacate erroneous order suspension second case issued writ mandamus ordering district judge issue bench warrant refused purported exercise discretion person indictment returned properly constituted grand jury neither decisions involved guaranty fifth amendment person shall subject offense twice put jeopardy life limb constitutional provision root present case conclude guaranty violated appeals set aside judgment acquittal directed petitioners tried offense petitioners tried valid indictment federal jurisdiction subject matter trial terminate prior entry judgment gori terminated entry final judgment acquittal petitioner appeals thought without reason acquittal based upon egregiously erroneous foundation nevertheless verdict acquittal final reviewed without putting petitioners twice jeopardy thereby violating constitution ball reversed justice harlan concurring able find judge aldrich district judgment acquittal based solely assistant attorney alleged misconduct think retrial petitioners prevented double jeopardy clause fifth amendment even assuming trial may power extreme circumstances direct judgment acquittal instead declaring mistrial prosecutor misconduct proposition seriously doubt think power existed circumstances case since examination record leaves unable majority appeals attribute action district factor alone concur judgment reversal justice clark dissenting speaks expanse obliged dissent says final judgment acquittal entered pursuant directed verdict propriety acquittal reviewed even though government concluded main case time verdict directed district circumstances clearly power direct verdict acquittal enter judgment thereon view trial power direct verdict judgment based thereon nullity word acquittal context magic open sesame freeing case two persons absolving corporation serious grand jury charges fraud upon government record us matters whether acquittal pursuant trial conclusion government witnesses point lacked credibility based alleged misconduct prosecution first point government examined three witnesses process examining fourth acquittal entered first third witnesses merely preliminary offered identify documents explain functions performed individual defendants corporate defendant second offered give jury explanation radiosondes devices gathering weather data petitioners furnishing government contracts totaling several million dollars latter testimony entirely explanatory called recess stated purpose requiring attorney consider whether public interest served prosecution case upon vigorous insistence attorney trial resumed government called third fourth witnesses fourth witness first testify fraud upon government related deliberate scheme conceal government inspectors defects devices direct examination fourth witness sure date certain conference representatives corporate defendant present thereafter recess period memory refreshed conversation one assistant attorneys upon resuming stand corrected previous testimony date placing months earlier admitted error called attention assistant excused jury excoriating assistant called jury back session directed verdict acquittal fundamental criminal jurisprudence public right person stands legally indicted grand jury publicly tried charge judge power hearing testimony proffered government least canvassing enter judgment acquittal thus frustrate government performance duty prosecute violate law attorney advised three witnesses many heard testified begun hear promised protracted conspiracy case involving many witnesses government rested majority appeals observed district abruptly terminated government case long government opportunity show whether case moreover ignorance either exact nature cogency specific evidence guilt government counsel said available ready present second point even misconduct still power punish government indiscretion lawyer said mcguire criminal prosecution game government may checkmated game lost merely officers played according rule misconduct remedy declare mistrial impose appropriate punishment upon assistant attorney rather upon public view judgment appeals therefore affirmed