People v. Brown

This case must be decided on the facts. The law is clear. Does the trial court’s sua sponte discharge of a duly impaneled and sworn jury, on the third day of a murder trial of this defendant and others, preclude a second trial for the same offense under the constitutional provision prohibiting a person from being placed in jeopardy twice for the same offense, unless such action was with the consent or acquiescence of the defendant? See People v. Anglin (1967), 6 Mich App 666.

The pertinent but sometimes confusing facts are that, at approximately seven o’clock on the evening of December 22,…