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Fong Foo v. United States

United States Supreme Court

369 U.S. 141 (1962)

Relevant factsFree

During a corporate conspiracy trial, before the prosecution finished presenting its case, the trial judge directed a verdict of acquittal based on perceived prosecutorial misconduct and doubts about witness credibility, and formal judgment of acquittal was entered. The government sought review, and the court of appeals vacated the acquittal and ordered a new trial, finding the trial judge lacked authority to direct a verdict under these circumstances.

IssueFree

Whether a defendant may be retried for the same offense where a trial judge wrongly makes a directed verdict for acquittal.

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