FONG FOO V. UNITED STATES
369 U.S. 141 (1962)
NATURE OF THE CASE: This was a dispute over the entry of verdicts of acquittal ordered by
a trial judge.
FACTS: A corporation and two of its employees were brought to trial for conspiracy and
concealing material facts in a matter within the jurisdiction of an agency of the United
States. After seven days of trial, the judge directed the jury to return verdicts of
acquittal to all Ds and a formal judgment of acquittal was subsequently entered. This action
was based on the improper conduct of the US Attorney and a lack of credibility in the
testimony of witnesses for the prosecution. The government filed a writ of mandamus for
vacating the judgment. This was granted; the judge was without power to direct an acquittal
in the supposed improper conduct of the prosecutor. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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