Anderson v. United States

Appellant was tried on one count of destruction of property (misdemeanor). D.C. Code § 22-403 (1981). During the trial, the court declared a mistrial. Before the beginning of a retrial before the same judge, appellant moved to dismiss the information on the ground that double jeopardy barred a retrial. The court denied the motion and this appeal followed. 1 Appellant contends double jeopardy bars reprosecution because defense counsel neither requested nor acquiesced in the declaration of a mistrial and there was no manifest necessity for the ruling. We conclude that defense counsel implicitly…