United States v. Edward G. Venable

OPINION OF THE COURT

GARTH, Circuit Judge.

On this appeal, the defendant Venable seeks review of a denial by the district court of his motion to bar his retrial on two counts of a five count indictment. At his initial trial, Venable was acquitted of three of the five counts in the indictment. As appears in the subsequent factual recital, the three counts of which he was acquitted are related to the two counts as to which retrial has been ordered.

Two principal issues are before us for consideration. The first is whether this appeal may be taken from the trial court’s order since the effect of…