People v. Turner

Defendant, charged with one count of rape and one count of deviate sexual assault, was tried before a jury. During the State’s closing argument on rebuttal, the trial judge sua sponte declared a mistrial and thereafter dismissed the charges and discharged the defendant. The State appeals pursuant to Supreme Court Rule 604(a)(1) (Ill. Rev. Stat. 1977, ch. 110A, par. 604(a)(1)). The sole issue raised on appeal is whether the mistrial bars defendant’s reprosecution on double jeopardy grounds. We reverse and remand.

The complaining witness, her husband, the arresting officers, the investigating…