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UNITED STATES v. BRISTOL

No. 7943.

325 A.2d 183 (1974)

UNITED STATES, Appellant, v. Anthony J. BRISTOL and Rickey R. Abney, Appellees.

District of Columbia Court of Appeals.

Decided September 10, 1974.

Attorney(s) appearing for the Case

Albert H. Turkus, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Raymond Banoun and Frederick C. Moss, Asst. U. S. Attys., were on the brief, for appellant.

Walter J. Smith, Jr., Washington, D.C., appointed by this court, for appellee Bristol.

James L. Lyons, Washington, D.C., appointed by this court, for appellee Abney.

Before KERN, GALLAGHER and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

In this government appeal1 we are asked to determine whether the trial court erred in granting appellees' motions to dismiss an indictment based upon former jeopardy. We conclude that the sua sponte declaration of mistrial by the first trial judge was not based upon manifest necessity. Therefore, a subsequent trial was precluded, and we affirm.

On March 2, 1973, two men broke into an apartment and robbed...

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