Downum v. United States
372 U.S. 734 (1963)

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U.S. Supreme Court

Downum v. United States, 372 U.S. 734 (1963)

Downum v. United States

No. 489

Argued March 20, 1963

Decided April 22, 1963

372 U.S. 734

Syllabus

In a Federal District Court, petitioner was indicted on six counts for federal offenses. When his case was called for trial, both sides announced ready. A jury was selected and sworn and instructed to return at 2 p. m. When it did so, the prosecution asked that the jury be discharged because a key witness on two counts was not present. Petitioner moved that those to counts be dismissed for want of prosecution, and that the trial continue on the remaining counts. That motion was denied, and the judge discharged the jury over petitioner's objection. Two days later, the case was called again; a second jury was impaneled, and petitioner pleaded former jeopardy.

Held: In the circumstances of this case, that plea should have been sustained. Pp. 372 U. S. 734-738.

300 F.2d 137 reversed.

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