Downum v. United States, 372 U.S. 734 (1963)
U.S. Supreme CourtDownum v. United States, 372 U.S. 734 (1963)
Downum v. United States
Argued March 20, 1963
Decided April 22, 1963
372 U.S. 734
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.