United States v. Estelle O. Nash

ALBERT V. BRYAN, Circuit Judge:

A conviction of perjury, 18 U.S.C. § 1621, founded on testimony given by her in a prior criminal trial of her for a postal violation impels this appeal by Estelle 0. Nash. Her grievance is that the proof in the second trial but repeated the proof in the first trial, where she was acquitted, in respect to the asserted falsity; that in actuality it was a retrial after her acquittal, and thus abrogated the double jeopardy protection of the Fifth Amendment. We see merit in her claim.

In December, 1968, an indictment was returned against Estelle O. Nash in the Federal…