United States v. Helenmary Hotz

ALDRICH, Senior Circuit Judge.

Helenmary Hotz was indicted for unlawful possession of stolen mail (an unemployment check) under 18 U.S.C. § 1708. At the trial a government expert testified that the endorsement on the check was in defendant’s handwriting. An expert called by defendant testified to having doubts on this score. The jury commenced deliberating at about two o’clock. At 6:15 the court discharged it because of failure to agree. Defendant noted her objection. Upon the government’s announcement that it proposed to try her again, defendant moved to dismiss on the ground of double…