BROWN

v.

UNITED STATES

Citator

Cited By (35 total)

• Brannan v. State, 383 So. 2d 234 (Fla. 1st DCA 1979)
  …ge denied the motion to dismiss and the cause was set for trial. Jeopardy attaches when a criminal trial commences before a jury, United States v. Spinella, 506 F. 2d 426 (5th Cir. 1975), rehearing denied 515 F. 2d 510 (5th Cir. 1976), cert. denied 423 U.S. 917, 96 S.Ct. 227, 46 L.Ed.2d 147 (1976), and a trial before a jury commences when the jury has been selected and sworn, Bell v. Wainwright, 476 F. 2d 964 (5th Cir. 1973), cert. [*235] denied 414 U.S. 1000, 94 S.Ct. 352, 38 L.Ed.2d 235 (1973). Accordin…
• United States v. Patrick, 542 F.2d 381 (7th Cir. 1976)
  …refore that “bad purpose” is a necessary element of the willfulness instruction. It is axiomatic that in determining the propriety of instructions they are to be viewed as a whole. United States v. Brown, 518 F. 2d 821, 826 (7th Cir.), cert. denied 423 U.S. 917, 96 S.Ct. 225, 46 L.Ed.2d 146 (1975); United States v. Johnson, 515 F. 2d 730, 732-33 n.7 (7th Cir. 1975). As long as the instructions treat the issues fairly and adequately they will not be interfered with on appeal. United States v. Isaacs, 493 F.…
• United States v. Shaw, 701 F.2d 367 (5th Cir. 1983)
  …y for such deliberation and premeditation. See United States v. Blue Thunder, 604 F. 2d 550, 553 (8th Cir.) cert. denied, 444 U.S. 902, [*393] 100 S.Ct. 215, 62 L.Ed.2d 139 (1979); United States v. Brown, 518 F. 2d 821, 826 (7th Cir.), cert. denied, 423 U.S. 917, 96 S.Ct. 225, 46 L.Ed.2d 146 (1975). There must be some appreciable time for reflection and consideration before execution of the act, although the period of time “does not require the lapse of days or hours or even minutes.” Bostic v. United State…