United States v. Henry Cording

CLARK, Circuit Judge.

Defendant Henry Cording appeals from a judgment of conviction on three counts of an indictment for the illegal sale of heroin, 21 U.S.C. § 174, 26 U.S.C. §§ 4704(a), 4705(a). An earlier trial on these counts before Judge Abruzzo resulted in a hung jury; and, for his first point, defendant contends that a second trial was therefore barred on the ground of former jeopardy. On the first trial the jury commenced deliberations at 3:50 p. m., recessed for dinner at 6:30 p. m., and resumed deliberations at 8:30 p.m. At 9:40 p. m., the foreman reported that the jury had not been…