Stanley H. Mullin, Jr. v. United States

BURGER, Circuit Judge.

This is an appeal from a judgment of conviction of robbery. D.C.Code Sec. 22-2901 (1961). The principal questions presented are whether the trial resulting in the conviction under review violated the double jeopardy clause of the Fifth Amendment and whether that claim is timely. The double jeopardy claim rests on the circumstance in a prior trial in which the District Judge declared a mistrial when the jury, having retired to deliberate, sent a note to the District Judge as follows:

“Your Honor, the jury in this are not able to reach an unanimous decision. At this time we…