Finch v. United States, 433 U.S. 676 (1977)

Finch v. United States


No. 76-1206


Decided June 29, 1977
433 U.S. 676

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Where, prior to any declaration of guilt or innocence, the District Court dismissed an information against petitioner on the ground that it failed to state an offense, the Government’s appeal from the dismissal was barred by the Double Jeopardy Clause.

Certiorari granted; 548 F.2d 822, vacated and remanded.