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PEOPLE v. BENTON

Docket No. 56956, (Calendar No. 10).

402 Mich. 47 (1977)

260 N.W.2d 77

PEOPLE v. BENTON

Supreme Court of Michigan.

Decided November 28, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Research, Training & Appeals, and Ronald P. Weitzman, Assistant Prosecuting Attorney, for the people.

Carl Ziemba for defendant.

LEVIN, J.

The issue is whether re-prosecution of the defendant following the trial judge's sua sponte mid-trial declaration of a mistrial was violative of the Double Jeopardy Clause.1 We hold that it was and that the information should be dismissed.

I

Fred Benton was charged with armed robbery. The first trial commenced July 30, 1973. On the first day of that trial —...

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