Scott v. United States. Jones v. United States. Johnson v. United States. Bayne v. United States

When appellants were first brought to trial on the indictment involved here, the court, sua sponte, declared a mistrial. Upon the retrial which is under review here, appellants claimed that the first trial constituted former jeopardy and moved to be discharged. The trial judge denied this motion, and the correctness of his ruling is the sole issue presented by this appeal.

Briefly, these are the circumstances which are said to constitute former jeopardy. At the first trial appellants Scott, Jones and Johnson, hereinafter referred to as the three appellants, were represented by one counsel.…