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UNITED STATES v. BRODERICK

No. 76-314-Cr-JLK.

425 F.Supp. 93 (1977)

UNITED STATES of America v. George Christopher BRODERICK, Defendant.

United States District Court, S. D. Florida, Miami Division.

January 7, 1977.

Attorney(s) appearing for the Case

Rebekah J. Poston, Asst. U. S. Atty., Miami, Fla., for plaintiff.

Peter D. Aiken, Fort Lauderdale, Fla., for defendant.

MEMORANDUM OPINION

JAMES LAWRENCE KING, District Judge.

The defendant has moved the court to dismiss the indictment against him on the grounds that the mistrial in his first trial was occasioned by prosecutorial overreaching and thus a second trial is barred by the double jeopardy clause of the Fifth Amendment to the United States Constitution. For reasons to follow, the court finds that the motion is correct and should be granted.

The defendant...

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