People v. Benton

The issue is whether re-prosecution of the defendant following the trial judge’s sua sponte mid-trial declaration of a mistrial was vio*52lative of the Double Jeopardy Clause.1 We hold that it was and that the information should be dismissed.

I

Fred Benton was charged with armed robbery. The first trial commenced July 30, 1973. On the first day of that trial — after the prosecution had called all the witnesses who were to testify at the second trial, with the exception of the officer in charge of the case, who at the second trial testified solely with regard to unsuccessful efforts to produce two…