McCoy Gilmore v. United States

JOHN R. BROWN, Circuit Judge.

Presented here is the significant question whether the interplay of F.R.Crim. P. 29, 18 U.S.C.A., requiring direction of a judgment of acquittal for insufficiency of evidence, and the Fifth Amendment’s guaranty against double jeopardy, 1 transmutes the order of a new trial after a mistrial from a hung jury into a “final decision” within our appellate jurisdiction under 28 U.S.C.A. § 1291. If not, we are compelled to dismiss the appeal.

For these purposes, the case may be swiftly compressed. Gilmore was tried and convicted for narcotics violation. Pie appealed and…