People v. Henley

This case is here by order of the Supreme Court remanding the record “for ascertainment therefrom of facts which will fairly frame the alleged issue of double jeopardy and for a judicial determination thereof”. People v. Henley (1969), 382 Mich 143, 150, reversing (1965), 2 Mich App 54. The question presented is whether the defense of double jeopardy was available as a bar to the retrial of defendant Henley, after his previous trial had ended abortively when the trial court, sua sponte, declared a mistrial.

We state the facts solely as they relate to the issue of double jeopardy.

I

On June 20,…