(DOWNLOAD) "Illinois v. Somerville" by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Illinois v. Somerville
- Author : Supreme Court of the United States
- Release Date : January 27, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
We must here decide whether declaration of a mistrial over the defendants objection, because the trial court concluded that the indictment was insufficient to charge a crime, necessarily prevents a State from subsequently trying the defendant under a valid indictment. We hold that the mistrial met the "manifest necessity" requirement of our cases, since the trial court could reasonably have concluded that the "ends of public justice" would be defeated by having allowed the trial to continue. Therefore, the Double Jeopardy Clause of the Fifth Amendment, made applicable to the States through the Due Process Clause of the Fourteenth Amendment, Benton v. Maryland, 395 U.S. 784 (1969), did not bar retrial under a valid indictment.
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