United States v. Dennis Eugene Tinney

OPINION OF THE COURT

BIGGS, Circuit Judge.

This appeal presents a serious question concerning the application of the Fifth Amendment to the Constitution which provides that no person shall “be twice put in jeopardy of life or limb” for the same offense. The appellant Tinney and five co-defendants were indicted for conspiracy and bank robbery pursuant to 18 U.S.C. § 2113(a), (b), and (d). Tinney and three co-defendants were tried together. At the close of the government’s case-in-chief, motions for judgment of acquittal were granted as to two of the co-defendants, leaving the prosecutions…