People v. Bean

Defendant, Gary Bean, was charged in a two-count indictment with the offenses of aggravated battery and attempt murder. At trial on both charges, the jury deliberated for 8 hours and was discharged by the court, a mistrial was declared, and the cause was set for retrial. Defendant then filed a motion to cancel the trial setting and dismiss the indictment, followed by an amended motion to dismiss on the ground that the jury was improperly discharged and a retrial would place defendant in double jeopardy. The court denied this, and defendant waived a jury trial and entered into a stipulation…