United States v. Lewis

ARRAJ, District Judge.

Defendant James G. Burley moves the Court to dismiss count two of the indictment on the grounds that he had been previously tried for the offense charged in said count and was acquitted by a jury; and that he would be placed in double jeopardy if required to go to trial on that count.

The pertinent facts are that in October 1957, this defendant, his codefendants, and two other persons were charged in a ten count indictment under the provisions of 18 U.S.C. § 174.1 Count one charged a conspiracy and the other nine counts charged substantive offenses; three of those…