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Criminal Resource Manual 213 Effect At New Trial

213

Effect at New Trial

A waiver of indictment will be effective at a new trial upon the same information following reversal of the case on appeal because of an error in the admission of evidence, at least in the absence of a request to withdraw the waiver prior to the second trial. See Brooks v. United States, 351 F.2d 282 (10th Cir. 1965), cert. denied, 383 U.S. 916 (1966).
Updated February 19, 2015