James Wilkett, Thomas H. Conklin, Jr., and Joe F. Hoover, Defendants v. United States

WILLIAM E. DOYLE, Circuit Judge.

We here consider three consolidated appeals, all of which involve the former jeopardy provision of the Fifth Amendment to the Constitution of the United States. The issue as to defendants-appellants Conklin and Hoover are similar, if not the same. The problems in the case of Wilkett are different from those present in the Conklin and Hoover cause. Therefore, the latter two defendants will be first considered and we will take up Wilkett thereafter.

Part I

United States v. Conklin and Hoover

The ultimate issue to be determined is whether the defendants are entitled…