Floyd Clayton Forsberg v. United States

This is an appeal from a conviction of assault with a dangerous weapon, with intent to do bodily harm, in violation of 18 U.S.C. § 113 (c).

On November 14, 1962, appellant was charged in a two count indictment with (1) assault with intent to commit murder in violation of 18 U.S.C. § 113 (a); and (2) assault with a knife, a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, in violation of section 113(c). Both counts alleged that the assault was committed on October 19, 1962, at the Federal Correctional Institution at Lompoc, California, where appellant was then an inmate.

Appellant was tried before a jury, which returned a verdict of not guilty on Count One and advised the court that it was unable to reach a decision on Count Two. The court received the verdict, ordered the clerk to enter the verdict of not guilty on Count One, declared a mistrial as to Count Two, and discharged the jury. No objection was taken by counsel for either party. Thereafter, appellant was retried and convicted on Count Two.

Appellant contends that the second trial on Count Two of the indictment was in violation of his constitutional right against being placed twice in…