Forman v. United States
Decision Date | 26 February 1959 |
Docket Number | No. 15324.,15324. |
Parties | William R. FORMAN, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
S. J. Bischoff, George W. Mead, Portland, Or., for appellant.
Charles P. Moriarty, U. S. Atty., Seattle, Wash., John S. Obenour, Jr., Asst. U. S. Atty., Tacoma, Wash., for appellee.
Before POPE, HEALY and FEE, Circuit Judges.
On September 15, 1958 we handed down our decision herein reversing the judgment with directions to enter judgment for the appellant. 9 Cir., 259 F.2d 128. On October 27, 1958, upon petition for rehearing filed by appellee, we modified our decision so as to provide that the judgment was reversed and the cause remanded for a new trial. 9 Cir., 261 F.2d 181. This action was followed by a petition for further rehearing filed on behalf of the appellant in which the latter asserts that this court is without power to order a new trial.
Appellant's principal reliance is upon the case of Sapir v. United States, 348 U.S. 373, 75 S.Ct. 422, 423, 99 L.Ed. 426, where the court summarily reversed the action of a court of appeals which modified an earlier opinion ordering an indictment dismissed so as to order a new trial.
In a concurring opinion Mr. Justice Douglas explained his view of that case as follows:
We think the case before us presents an entirely different situation. In the Sapir case the Court of Appeals held that the evidence "did not establish an essential element of the offense charged" and that the trial court should have entered a judgment of acquittal. Sapir v. United States, 10 Cir., 216 F.2d 722, 724. Thus, in the words of Mr. Justice Douglas, the appellate court ordered "a judgment of acquittal for lack of...
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Gray v. State
...there was no lack of evidence in the record. As the Court of Appeals pointed out, 'The jury was simply not properly instructed.' 9 Cir., 264 F.2d 955, at 956. On the other hand, the order to dismiss in Sapir was based on the insufficiency of the evidence, which could be cured only by the in......
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Forman v. United States, 43
...person shall 'be subject for the same offence to be twice put in jeopardy of life or limb.' Petitioner's motion for rehearing was denied. 264 F.2d 955. We granted certiorari. 359 U.S. 982, 79 S.Ct. 942, 3 L.Ed.2d 932. We affirm the order directing a new The facts are detailed in the origina......
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