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Illinois v. Somerville
United States Supreme Court
410 U.S. 458, 93 S.Ct. 1066, 35 L.Ed.2d 425 (1973)
- Written by Matthew Kay, JD
Facts
The defendant was indicted for theft. The jury was sworn, but before any evidence was presented, the state moved for a mistrial, which the defendant opposed, and the trial court granted it. The state claimed that the indictment was fatally defective because it failed to allege the requisite intent. At a new trial, the defendant was convicted and sought habeas relief. He alleged the second trial violated his constitutional rights under the Double Jeopardy Clause.
Rule of Law
Issue
Holding and Reasoning (Rehnquist, J.)
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