United States Supreme Court Cases & Opinions

U.S. Supreme Court

Petite v. United States, 361 U.S. 529 (1960)

Petite v. United States

No. 45

Decided February 23, 1960

361 U.S. 529

Syllabus

In a case where double jeopardy was the sole question presented, based on separate indictments and convictions in two different United States District Courts for the same criminal conduct, the Solicitor General moved to vacate the second judgment and to dismiss the second indictment, on the ground that it is the general policy of the Federal Government that several offenses arising out of a single transaction should not be made the basis of multiple prosecutions. Counsel for petitioner joined in and consented to the motion.

Held: without passing on the merits of the question of double jeopardy, the case is remanded to the Court of Appeals to vacate its judgment and to direct the District Court to vacate its judgment and dismiss the indictment. Pp. 361 U. S. 529-531.

262 F.2d 788 remanded with directions to vacate judgments and dismiss indictment.