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UNITED STATES v. GRASSO

No. 276, Docket 76-1284.

552 F.2d 46 (1977)

UNITED STATES of America, Appellant, v. Sylvio J. GRASSO, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 9, 1977.

Rehearing Denied June 21, 1977.

Attorney(s) appearing for the Case

Michael Hartmere, Asst. U. S. Atty., New Haven, Conn. (Peter C. Dorsey, U. S. Atty., New Haven, Conn., of counsel), for appellant.

Jon G. Rothblatt, New York City (Henry B. Rothblatt, Rothblatt, Rothblatt, Seijas & Peskin, New York City, of counsel), for appellee.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

Rehearing En Banc Denied June 21, 1977.

OAKES, Circuit Judge:

This appeal presents the recurring issue whether retrial of the defendant appellee after his original trial ended in a mistrial declared by the trial judge sua sponte would violate the double jeopardy clause of the Fifth Amendment. The issue is one said to "escape meaningful categorization," as "virtually all of the cases turn on the particular facts," Illinois v. Somerville,

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