Fong Foo v. United States - 369 U.S. 141, 82 S. Ct. 671 (1962)

Rule:

When a trial terminates with the entry of a final judgment of acquittal as to each petitioner, even if an acquittal is based upon an egregiously erroneous foundation, the verdict of acquittal is final and cannot be reviewed without putting the petitioners twice in jeopardy and thereby violating the Constitution.

Facts:

Petitioners were brought to trial under a valid indictment in a Federal District Court which had jurisdiction over them and over the subject matter. After the Government had introduced part, but not all, of its evidence, the District Judge directed the jury to return verdicts of acquittal, and a formal judgment of acquittal was entered. The Government petitioned the Court of Appeals for a writ of mandamus, praying that the judgment of acquittal be vacated and the case reassigned for trial. The Court of Appeals granted the petition on the ground that, under the circumstances revealed by the record, the District Court was without power to direct the judgment of acquittal. 

Issue:

Was the judgment of the Court of Appeals contrary to the guaranty of the Fifth Amendment against double jeopardy?

Answer:

Yes.

Conclusion:

The court held that the appellate court violated the Fifth Amendment protection against double jeopardy when it set aside the acquittal and directed that petitioners be tried again for the same offense. Petitioners were tried under a valid indictment in a federal court that had jurisdiction over them and over the subject matter. The trial terminated with the entry of a final judgment of acquittal as to each petitioner. Even if the acquittal was based upon an egregiously erroneous foundation, the verdict was final and could not be reviewed without putting petitioners twice in jeopardy in violation of the Constitution.