Fong Foo v. United States (1961)
- Docket
- 64
- Decided
- 1961-01-01
- Category
- General
Summary
Question: (1) Did the district court judge have the power to order acquittal before the prosecution rested its case? (2) Does the double jeopardy clause of the Fifth Amendment protect the petitioners from a second trial? Conclusion: Yes, Yes. In a per curiam opinion, the Supreme Court reversed the court of appeals. The Court held that vacating the acquittal and granting a new trial violated petitioners’ constitutional protection against double jeopardy. Justice John M. Harlan concurred, agreeing that double jeopardy barred a second trial, because the trial court did not base its decision solely on the Assistant U.S. Attorney’s misconduct. Justice Tom C. Clark dissented, arguing that the district court had no power to direct a verdict of acquittal. Justice Charles E. Whittaker did not participate