Criminal Procedure keyed to Kamisar
Illinois v. Somerville
In March of 1964, respondent, Somerville, was indicted for theft. After the jury was empanelled, but before the trial had begun, the prosecutor realized that his indictment was deficient because it did not include an allegation that of the respondent’s intent. At that point, the prosecution moved for a mistrial. In November of the same year, the grand jury indicted respondent of the same crime, but with the appropriate allegations in the indictment. Defendant was later convicted and appealed on the grounds that double jeopardy had attached at the moment when jury was empanelled because it was a step in his prosecution.
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