Legal Opinion
People v. Valentine
New York County Court, Queens County
Decided October 25, 1961PublishedCited by 1 opinion
1Opinion of the Court
Ellsworth N. Lawrence
(Franklin County Judge and Acting Judge for Queens County). I am confronted with the question: When does double jeopardy arise?
The facts are these:
A jury was impanelled and sworn to try the defendant upon charges of felonies. Neither party had opened. No witness had been sworn. At that point the case was adjourned from Friday to Monday.
On Monday the complaining witness did not appear, although he was still under subpoena. He had been present on Friday and was identified to the jury during their selection.
The court declared a mistrial on its own motion, reciting the…
2Cases cited6 opinions
- People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911
- People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
- People Ex Rel. Bullock v. . HayesNew York Court of Appeals · 1915
- People ex rel. Bullock v. HayesAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Rosebrough v. CaseyAppellate Division of the Supreme Court of the State of New York · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bland v. Supreme CourtNew York Court of Appeals · 1967