Neal v. United States

PARKER, Circuit Judge.

The plaintiff in error was defendant in the court below and will bo so designated here. He was convicted of violating the National Prohibition Act (27 USCA), after being twice tried under the same indictment, at the same term of court. On the first of these trials the jury were unable to agree, and a mistrial was ordered. When the ease was again called for trial on the following day, defendant objected to being placed on trial before a jury chosen from the same panel from which the first jury had been selected, and moved for a continuance on that ground. The motion was…