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FONG FOO V. UNITED STATES, 369 U. S. 141 (1962)

U.S. Supreme Court

Fong Foo v. United States, 369 U.S. 141 (1962)

Fong Foo v. United States

No. 64

Argued January 16, 1962

Decided March 19, 1962*

369 U.S. 141


Petitioners were brought to trial under a valid indictment in a Federal District Court which had jurisdiction over them and over the subject matter. After the Government had introduced part, but not all, of its evidence, the District Judge directed the jury to return verdicts of acquittal, and a formal judgment of acquittal was entered. The Government petitioned the Court of Appeals for a writ of mandamus, praying that the judgment of acquittal be vacated and the case reassigned for trial. The Court of Appeals granted the petition on the ground that, under the circumstances revealed by the record, the District Court was without power to direct the judgment of acquittal.

Held: the judgment of the Court of Appeals was contrary to the guaranty of the Fifth Amendment against double jeopardy. Pp. 369 U. S. 141-143.

286 F.2d 556, reversed.

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