State v. Aillon

This appeal raises the issue whether the double jeopardy clause of the United States constitution prohibits a third trial of a defendant who successfully petitioned for a new trial after his first trial, which resulted in a conviction, and whose second trial terminated in a mistrial when the jury could not agree on a verdict.

The defendant was arrested and charged with three counts of murder alleged to have occurred in August, 1972. On September 1,1973, after a trial to a jury, he was found guilty of murder on all three counts.

The accused after a conviction filed a petition for a new trial,…