James H. White, Jr. v. United States

James H. WHITE, Jr., Appellant, v. UNITED STATES of America, Appellee

White v. United States, 377 F.2d 948 (D.C. Cir. 1967)

Court: Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided: April 14, 1967
Docket: No. 20542_1
Judges: Fahy, McGowan, Per Curiam, Tamm
Citations: 377 F.2d 948126 U.S. App. D.C. 3091967 U.S. App. LEXIS 6740

Opinion — Per Curiam

PER CURIAM:

An indictment of appellant for unauthorized use of a vehicle, in violation of D.C.Code § 22-2204, was dismissed by the District Court December 9, 1965. Upon consideration of the record relating to the dismissal we conclude that it was with prejudice. Nevertheless, a few days thereafter, December 15, 1965, appellant was again indicted for the same offense.

His motion to dismiss the second indictment due to the bar created by the earlier dismissal with prejudice was denied. We think it should have been granted. The dismissal with prejudice constituted an adjudication which barred another prosecution for the same offense. United States v. Oppenheimer, 242 U.S. 85 , 37 S. Ct. 68 , 61 L.Ed. 161 ; District of Columbia v. Weams, 208 A.2d 617, 619 (D.C. Mun.App.). Appellant’s conviction under the second indictment, now before us on this appeal, accordingly must be set aside and the case remanded for dismissal of that indictment.

It is so ordered.

. See Mann v. United States, 113 U.S.App.D.C. 27 , 304 F.2d 394 , where dismissal of the indictment was granted explicitly without prejudice and reindictment was held proper.

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Cited by 11 cases

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Relies on it most ⓘ

State v. Braunsdorf297 N.W.2d 808 (Wis. 1980)
United States v. Richard Victor Ponto, United States of America v. Raymond J. Grochowski454 F.2d 657 (7th Cir. 1971)
John A. Hilbert, III v. The Honorable John F. Dooling, Jr., in His Capacity as United States District Judge for the Eastern District of New York476 F.2d 355 (2d Cir. 1973)
United States v. John A. Liguori430 F.2d 842 (2d Cir. 1970)
United States v. Andrew Furey514 F.2d 1098 (2d Cir. 1975)
State v. Sessoms455 A.2d 595 (N.J. Super. Ct. App. Div. 1982)

Most recent

United States v. Bowman496 F.3d 685 (D.C. Cir. 2007)
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State v. Mageo889 P.2d 1092 (Haw. App. 1995)
State v. Sessoms455 A.2d 595 (N.J. Super. Ct. App. Div. 1982)
Creek v. Clark414 N.E.2d 816 (Ill. App. Ct. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	United States v. Oppenheimer, 242 U.S. 85 (1916)	326
	Mann v. United States, 304 F.2d 394 (D.C. Cir. 1962)	82
	Dist. of Columbia v. Weams, 208 A.2d 617 (D.C. 1965)	13

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