James H. White, Jr. v. United States

An indictment of appellant for unauthorized use of a vehicle, in violation of D.C.Code § 22-2204, was dismissed by the District Court December 9, 1965. Upon consideration of the record relating to the dismissal we conclude that it was with prejudice. Nevertheless, a few days thereafter, December 15, 1965, appellant was again indicted for the same offense. 1 His motion to dismiss the second indictment due to the bar created by the earlier dismissal with prejudice was denied. We think it should have been granted. The dismissal with prejudice constituted an adjudication which barred another…