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Criminal Resource Manual

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).