downum
argued
march
decided
april
federal
district
petitioner
indicted
six
counts
federal
offenses
case
called
trial
sides
announced
ready
jury
selected
sworn
instructed
return
prosecution
asked
jury
discharged
key
witness
two
counts
present
petitioner
moved
two
counts
dismissed
want
prosecution
trial
continue
remaining
counts
motion
denied
judge
discharged
jury
petitioner
objection
two
days
later
case
called
second
jury
impaneled
petitioner
pleaded
former
jeopardy
held
circumstances
case
plea
sustained
pp
reversed
richard
tinsman
appointment
argued
cause
filed
brief
petitioner
assistant
deputy
attorney
general
geoghegan
argued
cause
brief
solicitor
general
cox
assistant
attorney
general
miller
beatrice
rosenberg
justice
douglas
delivered
opinion
case
involving
federal
prosecution
stealing
mail
forging
uttering
checks
stolen
presents
question
double
jeopardy
clause
fifth
amendment
shall
person
subject
offence
twice
put
jeopardy
life
limb
petitioner
three
others
charged
indictment
containing
eight
counts
codefendants
pleaded
guilty
petitioner
tried
alone
jury
convicted
counts
apply
claim
double
jeopardy
arose
follows
morning
april
case
called
trial
sides
announced
ready
jury
selected
sworn
instructed
return
returned
prosecution
asked
jury
discharged
key
witness
counts
present
one
rutledge
payee
checks
involved
counts
petitioner
moved
counts
dismissed
want
prosecution
asked
trial
continue
rest
counts
motion
denied
judge
discharged
jury
petitioner
objection
two
days
later
case
called
second
jury
impaneled
petitioner
pleaded
former
jeopardy
plea
overruled
trial
found
guilty
appeals
affirmed
granted
petition
certiorari
seeming
conflict
decision
cornero
ninth
circuit
present
case
one
dozen
set
call
previous
week
cases
involved
approximately
witnesses
subpoenas
including
rutledge
delivered
marshal
service
day
case
first
called
prosecutor
assistant
checked
marshal
learned
rutledge
wife
going
let
know
husband
find
word
received
made
prosecution
allowed
jury
selected
sworn
even
though
one
key
witnesses
absent
found
perez
wheat
decided
gori
decided
agreed
occasions
second
trial
may
although
jury
impaneled
first
trial
discharged
without
reaching
verdict
without
defendant
consent
classic
example
mistrial
jury
unable
agree
perez
supra
logan
dreyer
illinois
keerl
montana
wade
hunter
tactical
problems
army
field
held
justify
withdrawal
proceeding
commencement
another
one
later
day
discovery
judge
trial
member
members
jury
biased
pro
con
one
side
held
warrant
discharge
jury
direction
new
trial
wade
hunter
supra
simmons
thompson
times
valued
right
defendant
trial
completed
particular
tribunal
summoned
sit
judgment
may
subordinated
public
interest
imperious
necessity
wade
hunter
supra
differences
arisen
application
principle
see
brock
north
carolina
green
harassment
accused
successive
prosecutions
declaration
mistrial
afford
prosecution
favorable
opportunity
convict
examples
jeopardy
attaches
gori
supra
extreme
cases
mark
limits
guarantee
discretion
discharge
jury
reached
verdict
exercised
extraordinary
striking
circumstances
use
words
justice
story
coolidge
fed
cas
prohibition
double
jeopardy
clause
twice
punished
twice
put
jeopardy
ball
jury
first
selected
try
petitioner
sworn
discharged
prosecution
witness
served
summons
arrangements
made
assure
presence
witness
essential
two
six
counts
concerning
petitioner
yet
prosecution
opposed
petitioner
motion
dismiss
two
counts
proceed
trial
four
counts
motion
denied
wade
hunter
supra
refuse
say
absence
witnesses
never
justify
discontinuance
trial
case
must
turn
facts
record
however
think
said
cornero
supra
governing
principle
trial
first
continued
prosecution
witnesses
present
found
time
case
called
jury
discharged
plea
double
jeopardy
sustained
second
jury
selected
saying
fact
district
attorney
impaneled
jury
without
first
ascertaining
whether
witnesses
present
took
chance
absence
might
justified
continuance
case
view
fact
bond
appear
time
place
question
presented
entirely
different
involved
exercise
sound
discretion
trial
granting
continuance
furtherance
justice
situation
presented
simply
one
district
attorney
entered
upon
trial
case
without
sufficient
evidence
convict
take
case
rule
reference
former
jeopardy
difference
principle
discovery
district
attorney
immediately
jury
impaneled
evidence
insufficient
discovery
called
witnesses
reversed
footnotes
illness
district
attorney
appearing
minutes
illness
occurred
jury
sworn
impossible
assistant
district
attorney
conduct
trial
motion
put
case
term
made
assistant
regarded
creating
manifest
necessity
withdrawing
juror
absence
witnesses
prosecution
appear
minutes
absence
first
made
known
law
officers
government
jury
sworn
occurred
circumstances
create
plain
manifest
necessity
justifying
withdrawing
juror
mere
illness
district
attorney
mere
absence
witnesses
prosecution
circumstances
disclosed
record
case
ground
upon
exercise
sound
discretion
trial
indictment
properly
discharge
jury
without
consent
defendant
jury
sworn
trial
thus
commenced
admit
propriety
exercise
discretion
grounds
throw
open
door
indulgence
caprice
partiality
possible
probable
prejudice
defendants
trial
indictment
commenced
swearing
jury
defendant
charge
entitled
verdict
acquittal
case
part
prosecution
reason
made
unless
consents
discharging
jury
without
giving
verdict
unless
legal
necessity
discharging
spread
record
enable
error
say
discharge
proper
see
shoemaker
fed
cas
watson
supra
note
justice
clark
justice
harlan
justice
stewart
justice
white
join
dissenting
applying
rule
cornero
cir
says
valued
right
defendant
trial
completed
particular
tribunal
summoned
sit
judgment
may
subordinated
public
interest
imperious
necessity
emphasis
supplied
appeals
urged
adopt
cornero
rule
refused
applying
rule
orders
conviction
reversed
petitioner
set
free
wade
hunter
refused
follow
cornero
rule
characterized
holding
absence
witnesses
imperious
urgent
necessity
come
within
recognized
exception
double
jeopardy
provision
said
asked
adopt
cornero
rule
petitioner
contends
absence
witnesses
never
justify
discontinuance
trial
rigid
formula
inconsistent
guiding
principles
perez
decision
perez
wheat
adhere
principles
command
courts
considering
whether
trial
terminated
without
judgment
take
circumstances
account
thereby
forbid
mechanical
application
abstract
formula
value
perez
principles
thus
lies
capacity
informed
application
widely
different
circumstances
without
injury
defendants
public
interest
ibid
order
apply
principles
wade
hunter
necessary
facts
recalled
wednesday
thursday
week
preceding
trial
cases
including
petitioner
set
following
monday
words
trial
judge
short
notice
transcript
record
subpoenas
issued
district
attorney
office
approximately
witnesses
placed
hands
marshal
petitioner
case
list
prosecutor
stated
foresee
reached
tuesday
second
day
week
hearings
prosecutor
office
shorthanded
one
assistants
military
service
prosecutor
assigned
petitioner
case
learned
marshal
previous
day
wife
rutledge
key
witness
petitioner
case
inform
husband
learn
since
prosecutor
trying
another
case
tuesday
morning
petitioner
case
called
unable
immediately
contact
marshal
determine
whether
rutledge
present
announced
ready
trial
without
ascertaining
jury
petitioner
case
selected
excused
prosecutor
proceeded
complete
hearing
case
noon
upon
checking
marshal
office
noon
recess
prosecutor
discovered
rutledge
present
immediately
informed
judge
chambers
upon
opening
afternoon
session
defense
counsel
advised
open
key
witness
government
available
case
go
couple
days
defense
motion
dismiss
two
six
counts
indictment
rutledge
key
witness
ground
lack
prosecution
proceed
trial
remaining
counts
denied
jury
discharged
objections
defense
two
days
later
case
called
petitioner
interposed
plea
double
jeopardy
thereafter
second
jury
impaneled
petitioner
tried
found
guilty
counts
first
jury
never
begun
act
case
petitioner
never
formally
arraigned
presence
first
jury
evidence
presented
heard
time
required
put
defense
addition
second
jury
impaneled
two
days
later
continued
prolonged
anxiety
petitioner
caused
additional
expense
embarrassment
deprived
right
prejudiced
way
neither
petitioner
contended
one
jury
less
favorable
conclusions
trial
appeals
indicate
viewed
circumstances
prosecutor
found
resulted
excusable
oversight
indication
prosecutor
explanation
mere
cover
negligent
preparation
action
way
deliberate
nothing
record
even
suggests
circumstances
used
prosecutor
purpose
securing
favorable
jury
way
take
advantage
harass
petitioner
indeed
appears
one
circumstances
often
creep
prosecutor
life
result
inadvertence
many
cases
must
handled
short
trial
period
course
visualize
ways
handling
situation
judge
might
held
first
jury
together
rather
discharging
rutledge
attendance
obtained
viewed
prospectively
moment
acted
tied
men
panel
indefinite
period
disrupted
calendar
entire
week
longer
entirely
understandable
trial
judge
concerned
calendar
moreover
even
continuance
manner
holding
first
jury
later
held
improper
appeal
trial
judgment
petitioner
retried
suffering
time
expense
one
full
trial
also
disclosure
defense
claim
petitioner
government
proceeded
counts
indictment
claims
require
testimony
rutledge
tenable
required
two
trials
also
might
raise
legal
proposition
prosecution
remaining
two
counts
barred
ordinarily
four
counts
might
sufficient
support
maximum
sentence
prosecutor
might
well
good
reason
addition
obvious
preference
one
rather
two
trials
wanting
counts
considered
one
proceeding
indictment
charged
petitioner
forging
passing
government
checks
conspiring
two
codefendants
pleaded
guilty
commit
acts
rutledge
payee
checks
might
well
important
though
key
witness
reference
conspiracy
fact
prosecutor
expressed
trial
opinion
entire
indictment
safely
go
trial
without
attendance
rutledge
transcript
record
pp
see
problem
issue
whether
action
prosecutor
failing
check
presence
witness
allowing
jury
sworn
moment
constituted
deprival
petitioner
rights
entitled
verdict
acquittal
without
trial
merits
obviously
facts
suffered
deprivation
ever
since
perez
recognized
ends
public
justice
must
considered
determining
question
light
see
finds
trial
judge
abused
discretion
affording
government
period
bring
forward
key
witness
surprise
found
temporarily
absent
believe
ends
public
justice
justice
story
referred
perez
require
government
fair
opportunity
present
people
case
obtain
adjudication
merits
rather
criminal
turned
free
harmless
oversight
prosecutor
cornero
watson
fed
cas
says
supports
cornero
entirely
distinguishable
facts
cornero
government
sought
continuance
witnesses
found
followed
mistrial
two
years
later
second
trial
contrasted
mere
delay
instant
case
second
jury
impaneled
trial
begun
therefore
said
realistically
government
proceeded
first
trial
cornero
without
evidence
retrial
two
years
harassment
moreover
subpoenas
cornero
neither
issued
served
subpoena
issued
reasons
trial
thought
justifiable
served
watson
granted
continuance
jury
sworn
ground
district
attorney
ill
government
witnesses
absent
upon
resumption
trial
prosecutor
asked
case
go
term
continued
illness
district
attorney
holding
circumstances
warrant
discharge
jury
observed
illness
district
attorney
appear
occurred
jury
sworn
apparently
government
officers
first
learned
absence
witnesses
jury
sworn
shown
impossible
assistant
district
attorney
conduct
trial
indication
watson
subpoenas
issued