Freeman v. United States

The defendant, whose conviction in this case we have heretofore reversed (227 Fed. 732, 142 C. C. A. 256), moves that the mandate of reversal be recalled and modified, so as to direct his discharge. His theory is that there should not'be a new trial, because he has already been, once in jeopardy, and to try him again would be a violation of the Fifth Amendment to the Constitution.

As we have already held that all proceedings before the judge substituted for the trial judge were nullities, the defendant has not been in jeopardy because of the verdict, judgment, or sentence. No doubt he was in…