Downum v. United States
327 U.S. 734 (1963)
Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
A case was set for trial, and both side announced they were ready. A jury was selected and sworn in and instructed to return at two that afternoon. When they returned, the prosecution asked that they be discharged because a key witness was unavailable. D moved that those counts be dismissed for want of prosecution and asked the trial court to continue on the other grounds. This motion was denied, and the jury was discharged. Two days later the case was called again and D plead double jeopardy. D was overruled, the trial was had, and D was found guilty.
Holding & Decision
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Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
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