Downum v. United States

372 U.S. 734 (1963)

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Nature of the Case

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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.