PEOPLE v. BROWN

Docket No. 8,127.

23 Mich. App. 528 (1970)

179 N.W.2d 58

PEOPLE v. CARLTON BROWN

Michigan Court of Appeals.

Leave to appeal denied July 1, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Gus Cifelli, for defendant.

Before: DANHOF, P.J., and FITZGERALD and McGREGOR, JJ.


Leave to appeal denied July 1, 1970. 383 Mich. 800.

McGREGOR, J.

This case must be decided on the facts. The law is clear. Does the trial court's sua sponte discharge of a duly impaneled and sworn jury, on the third day of a murder trial of this defendant and others, preclude a second trial for the same offense under the constitutional provision prohibiting a person from being placed in jeopardy twice for the same offense, unless such action was with...

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