United States v. Clayborne Jamison, Jr., United States of America v. Clayborne Jamison, Sr.

McGOWAN, Circuit Judge:

The central question presented by these consolidated appeals from the District Court is whether appellants, having successfully sought a mistrial under an earlier indictment for second degree murder, could thereafter be indicted for first degree murder. We conclude that, under the circumstances disclosed by this record, the Due Process Clause stands in the way. Accordingly, and for the reasons set forth hereinafter, we find the indictments invalid and reverse the convictions.

I

According to the testimony of government witnesses, appellants Clayborne Ja-mison, Sr., and his…