Legal Opinion
United States v. Joseph Vanterpool
Court of Appeals for the Second Circuit
Decided May 5, 1967No. 417, Docket 31120PublishedCited by 14 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge.
The narrow issue presented by this appeal is whether the District Judge, who presided at appellant’s first trial, exceeded his authority under Rule 33 of the Federal Rules of Criminal Procedure when he set aside the jury’s verdict and ordered a new trial for the appellant.
Joseph Vanterpool was indicted in March 1966 and charged with 2 sales of heroin in violation of 21 U.S.C. §§ 173 and 174. His first trial was held approximately 3 months later before Judge Cooper and a jury. Evidence was presented which indicated that in December 1965 and February 1966…
2Cases cited4 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Johnson v. New JerseySupreme Court of the United States · 1966
- United States v. RobinsonSupreme Court of the United States · 1960
- United States v. SmithSupreme Court of the United States · 1947
3Cited by14 opinions
- United States of America, (Docket Nos. 83-1204, 83-1205) v. Charles O. Dukes, and Charles O. Dukes, (Docket No. 83-2185) v. United StatesCourt of Appeals for the Second Circuit · 1984
- Zaragosa v. StateCourt of Criminal Appeals of Texas · 1979
- United States v. Joseph VanterpoolCourt of Appeals for the Second Circuit · 1968
- United States v. Rohalia RobertsCourt of Appeals for the Second Circuit · 1968
- United States v. Michael Newman, Honorable Edward Dumbauld, NominalCourt of Appeals for the Third Circuit · 1972
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