Legal Opinion

Jourdan v. State

Court of Appeals of Maryland

Decided July 9, 1975No. [No. 187, September Term, 1974.]PublishedCited by 69 opinions

1Opinion of the CourtEldridge, J.

Smith, J., dissents and filed a dissenting opinion at page 512 infra.

In the course of petitioner’s trial on charges of storehouse breaking and forgery, the prosecuting attorney became ill and could not carry on. Shortly thereafter, another attorney in the State’s Attorney’s office appeared and requested a continuance or, if the defendant would consent, a mistrial. The trial judge, sua sponte, declared a mistrial. The question presented is whether, under all of the circumstances of the case, the later retrial of petitioner on the same charges violated the double jeopardy clause of the Fifth…

2Cases cited23 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Benton v. MarylandSupreme Court of the United States · 1969
  4. United States v. JornSupreme Court of the United States · 1971
  5. United States v. PerezSupreme Court of the United States · 1824

18 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Lindy Bros. Builders, Inc. v. American Radiator & Standard Sanitary Corp.Court of Appeals for the Third Circuit · 1976
  2. Williams v. StateCourt of Appeals of Maryland · 1981
  3. Newton v. StateCourt of Appeals of Maryland · 1977
  4. Lindy Bros. Builders, Inc. Of Philadelphia v. American Radiator & Standard Sanitary Corp.Court of Appeals for the Third Circuit · 1976
  5. Curtis v. StateCourt of Appeals of Maryland · 1979

64 more not listed; retrieve them via the Exa API.

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