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STATE v. CRUTCHFIELD

No. 64, September Term, 1989.

318 Md. 200 (1989)

567 A.2d 449

STATE OF MARYLAND v. GLORIA CRUTCHFIELD.

Court of Appeals of Maryland.

December 28, 1989.

Attorney(s) appearing for the Case

Valerie J. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for petitioner.

Benjamin Lipsitz (Jay Fred Cohen, Eleanor J. Lipsitz, all on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE and ADKINS, JJ., and CHARLES E. ORTH, Jr., Retired, Specially Assigned Judge.

MURPHY, Chief Judge.

This case involves the sua sponte declaration of a mistrial by a trial judge in a criminal case and whether, in the circumstances, retrial of the defendant would violate the double jeopardy clause of the Fifth Amendment to the Federal Constitution, now applicable to the states through the Fourteenth Amendment under Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969).

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