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UNITED STATES v. CLARK

Crim. A. No. 71-163.

346 F.Supp. 428 (1972)

UNITED STATES of America v. John W. CLARK.

United States District Court, E. D. Pennsylvania.

June 28, 1972.

Attorney(s) appearing for the Case

J. Clayton Undercofler, III, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

Nino V. Tinari, Philadelphia, Pa., for defendant.

OPINION

DITTER, District Judge.

This case comes before the Court on a motion for judgment of acquittal or for a new trial. First, the defendant, John Clark, asserts that the denial of counsel of his choice at a lineup resulted in tainted identifications, and secondly, that his reprosecution after an earlier mistrial placed him in double jeopardy. These issues arose from the defendant's arrest and conviction for participating with at least five other men...

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