Towles v. United States

REILLY, Senior Judge:

This case is before us for reconsideration en bane of certain issues argued before a division of this court which resulted in a decision affirming an order denying appellant’s motion to set aside a conviction for second-degree murder, D.C. Code § 22-2403 (1981), at his third trial. That conviction, he contends, denied him the immunity conferred by the Double Jeopardy Clause of the Constitution, inasmuch as the jury at the first trial had returned a verdict of “not guilty” of this offense, when it found him guilty of first-degree (felony) murder, D.C. Code § 22-2401 (1981).