Does the acquittal of Gooday on all charges of first-degree murder preclude a retrial on three lesser included charges of murder?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gooday, 714 F.2d 80 (9th Cir. 1983):
We have agreed with this analysis in dicta, see Forsberg v. United States, 351 F.2d 242, 247 (9th Cir.1965), cert. denied, 383 U.S. 950, 86 S.Ct. 1209, 16 L.Ed.2d 212 (1966), and now squarely hold that such lesser included offenses should be treated as if they had been specified in separate counts of the indictment. Gooday's acquittal on the indictment's first-degree murder count does not preclude retrial on the three lesser included offenses on which the jury was instructed.
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