ILLINOIS v. SOMERVILLE

No. 71-692.

410 U.S. 458 (1973)

ILLINOIS v. SOMERVILLE.

Supreme Court of United States.

Decided February 27, 1973.


Attorney(s) appearing for the Case

E. James Gildea, Assistant Attorney General of Illinois, argued the cause for petitioner. With him on the brief were William J. Scott, Attorney General, and James B. Zagel, Assistant Attorney General.

Ronald P. Alwin argued the cause for respondent. With him on the brief was Martin S. Gerber.


MR. JUSTICE REHNQUIST delivered the opinion of the Court.

We must here decide whether declaration of a mistrial over the defendant's 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...

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