Earl A. Carsey v. United States

EDGERTON, Senior Circuit Judge:

Appellant was tried four times for the murder of his wife. At the fourth trial he was convicted of second degree murder. This appeal is from that conviction.

At the first two trials the. juries disagreed. At the third trial appellant’s counsel-, in his closing argument, told the jury that “the two previous trials have ended in mistrials.” The prosecutor immediately objected and the judge said, “I will take care of it at the time of my charge.” But instead of doing so, when the prosecutor on the following day pressed for a mistrial the judge granted it.

Defense…