CORNISH v. STATE

[No. 275, September Term, 1973.]

272 Md. 312 (1974)

322 A.2d 880

CORNISH v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for rehearing filed August 9, 1974.

Denied September 9, 1974.


Attorney(s) appearing for the Case

Gerald N. Klauber, with whom were Fine & Klauber, P.A. on the brief, for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


ELDRIDGE, J., delivered the opinion of the Court.

The single issue before us is whether, under the particular circumstances of this criminal case, the retrial of the defendant-appellant following the trial judge's sua sponte declaration of a mistrial would violate the double jeopardy prohibition of the Fifth Amendment to the United States Constitution.

On August 18, 1972, the appellant Trent William Cornish was indicted by the Grand Jury of Baltimore...

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