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PEOPLE v. BOYD

Docket No. 9730.

22 Cal.App.3d 714 (1972)

99 Cal. Rptr. 553

THE PEOPLE, Plaintiff and Respondent, v. ANDERSON BEY BOYD, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

January 6, 1972.

Attorney(s) appearing for the Case

COUNSEL

Benjamin F. Marlowe for Defendant and Appellant.

Evelle J. Younger, Attorney General, Robert R. Granucci and Jerome C. Utz, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (H.C.), J.

The issue on this appeal is whether the second trial of appellant constituted double jeopardy under the California Constitutional prohibition when the first trial was terminated prior to a verdict by a sua sponte order of the trial court.

California Constitution, article I, section 13, declares that "No person shall be twice put in jeopardy for the same offense; ..." (1) It is settled...

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