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LEE v. UNITED STATES

No. 76-5187.

432 U.S. 23 (1977)

97 S.Ct. 2141

53 L.Ed.2d 80

LEE v. UNITED STATES.

Supreme Court of United States.

Decided June 13, 1977.

Attorney(s) appearing for the Case

Joseph P. Bauer, by appointment of the Court, 430 U.S. 928, argued the cause for petitioner. With him on the briefs was Conrad Kellenberg. [REPORTER'S NOTE: Messrs. Bauer and Kellenberg represented petitioner before this Court only. Cf. post, at 34, 37, and 38.]

Deputy Solicitor General Frey argued the cause for the United States. With him on the brief were Solicitor General McCree, Assistant Attorney General Civiletti, and Jerome M. Feit.

MR. JUSTICE POWELL delivered the opinion of the Court.

At the first trial in this case the District Court, having heard the evidence, granted petitioner's motion to dismiss the information for failure to provide adequate notice of the crime charged. Petitioner was retried and convicted. The question is whether the second trial violated the Double Jeopardy Clause.

I

On December 21, 1973, petitioner Phillip Jerome Lee stole two billfolds from the blind...

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