Bland v. Supreme Court

The issue, raised in prohibition proceedings, is whether a defendant in a criminal prosecution is placed in jeopardy when a mistrial is declared, solely because of the unavailability of witnesses for the prosecution, after the impaneling of the jury but before the introduction of evidence.

On June 24, 1966 petitioners were indicted for the robbery of Ernest Neal. In preparing his case during January and February of 1967, the prosecutor subpoenaed victim Neal and an eyewitness, Fred Chaffin. Both appeared in his office on February 10, the date when jury selection was begun, and promised to…