People Ex Rel. Brinkman v. Barr

Where the defendant, charged with crime, has once been placed in jeopardy, he may not again be tried for the same offense. Of his right to this defense upon his second trial he may not be deprived. (People v. McGrath, 202 N. Y. 445.) Even, if he may not always bring up the matter by a plea (Code Crim. Pro. sec. 332) an objection on the record, or a proper motion which raises the issue is sufficient.

If it appears that his trial having once begun, the jury has been improperly discharged before rendering their verdict, the defendant has been put in» jeopardy. Under such circumstances there is in…