People ex rel. Carlucci v. La Vallee

Appeal from an order of a Justice of the Supreme Court which denied an application for a writ of habeas corpus. A jury was impaneled for the trial of relator for certain felonies. After the jury had been sworn and before any other proceedings were had, the Trial Judge declared a mistrial, with the consent of relator’s attorney and the District Attorney, and discharged the jury. Thereafter relator was tried before another jury and convicted. His theory that he was twice put in jeopardy and so entitled to be released is without merit. The rule is that “ a prisoner is placed in jeopardy when be…