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ROUTH v. UNITED STATES

No. 82-1181.

483 A.2d 638 (1984)

Lawrence ROUTH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 2, 1984.

Attorney(s) appearing for the Case

Melvin M. Dildine, Washington, D.C., appointed by the court, for appellant.

John F. Stevens, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, Michael W. Farrell, Judith Hetherton, and Robert F. O'Neill, Asst. U.S. Attys., Washington, D.C., were on brief for appellee.

Before BELSON, Associate Judge, and PAIR and KERN, Associate Judges, Retired.

BELSON, Associate Judge:

The question on this appeal is whether double jeopardy prohibits the retrial of appellant, whose first trial was declared a mistrial when a government witness became unavailable because of illness. We hold that under the circumstances retrial is prohibited, and accordingly reverse the trial court's denial of appellant's motion to dismiss the indictment.

Appellant was charged with assault with...

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