Kosak v. United States

WOOLLEY, Circuit Judge.

In this appeal the judgment of conviction was reversed not for want of evidence to sustain it but for error in the charge. The mandate noted reversal of the judgment without specifically directing a venire de novo. When the case came to be listed for re-trial in the District Court, the defendant objected on the ground that the judgment of reversal was the legal equivalent of a judgment of acquittal and that, accordingly, a re-trial would subject him to double jeopardy. Thereupon the government moved this court to recall the mandate and amend it by directing a new trial.…