Wolkoff v. United States

ALLEN, Circuit Judge.

Appellant was charged in a joint indictment with knowingly receiving stolen goods, in violation of title 18, section 409, U.S.C.A. Upon written waiver of jury trial, the court heard testimony and took the case under advisement. Without rendering any decision upon the merits, the court dismissed the case upon the ground that the indictment was faulty. Appellant was reindicted jointly with three other defendants for the same offense. He moved for discharge on the ground of former jeopardy, but the court overruled his plea. A jury was waived, the case was submitted on the…