UNITED STATES v. JAMES

No. 18640.

290 F.2d 866 (1961)

UNITED STATES of America, Appellant, v. Noel Bryant JAMES, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 1, 1961.


Attorney(s) appearing for the Case

Edward V. Boagni, Asst. U. S. Atty., T. Fitzhugh Wilson, U. S. Atty., Shreveport, La., for appellant.

George M. Snellings, Jr., Monroe, La., McHenry, Snellings, Breard & Sartor, Monroe, La., of counsel, for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This case presents the question whether the Grand Jury returning a second indictment must hear some evidence other than that heard prior to returning an earlier indictment relating to the same transaction and purporting to charge a like offense. The District Court thought it did, and dismissed the indictment. We disagree and reverse.

The facts of this record are few and simple. A former Grand Jury returned an indictment against...

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