Commonwealth v. Steward

The defendant asks us to hold that he was twice placed in jeopardy by being tried and found guilty after the judge had declared a mistrial because, on the second day of the first trial, only eleven jurors had appeared. We so hold, and we reverse the judgment of conviction.

The relevant events of the first trial are these. A jury of fourteen persons were empanelled on Friday, February 10, 1984, for the defendant’s trial on an indictment for robbery. The assistant district attorney made his opening and the first witness was called to testify. He was examined by the pros ecutor, cross-examined by…