People ex rel. Rosebrough v. Casey

So far as the indictment of September 17, 1936, is concerned, the defendant was in jeopardy after the first jury was sworn. The discharge of that jury precludes the defendant’s being tried under that indictment as that involves double jeopardy, and that indictment should be dismissed. As to the other four indictments, however, the writ may not be sustained, because the situation is different. The plea of former jeopardy is not available with reference to a prior proceeding inter alia where the court was not legally constituted or where there was a failure to comply with a condition precedent…