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United States v. Morrison, 429 U.S. 1 (1976)

United States v. Morrison

No. 75-1534

Decided October 12, 1976

429 U.S. 1


The District Court's general finding of guilt in a bench trial is, for double jeopardy purposes, the same as a jury verdict of guilty. The Government is therefore entitled, pursuant to the Criminal Appeals Act, to appeal the District Court's subsequent order suppressing certain evidence on reconsideration of respondent's pretrial motion, which was originally denied, since success on that appeal would result in reinstatement of the District Court's general finding of guilt, rather than in further factual proceedings relating to guilt or innocence. United States v. Wilson, 420 U. S. 332.

Certiorari granted; vacated and remanded.

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