People v. Brand

•1 This case concerns an obscure aspect of statutory double jeopardy in this state. Section 3 — 4(a)(3) of the Criminal Code of 1961 (Code) states, in part, as follows:

"A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if such former prosecution:

* * *(3) Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.” (Emphasis added.) 720…