Di Lorenzo v. Murtagh

The question is whether, in view of defendant’s acquittal on two counts of perjury, he may be retried on five other counts as to each of which the trial court declared a mistrial because the jury could not reach a verdict.

Defendant was indicted on eight counts of perjury and one count of obstructing governmental administration. All counts relate to a meeting held on February 6, 1967 between defendant and Anthony Piazza, an Assistant Counsel of the New York-New Jersey Waterfront Commission. The indictment alleged, inter alia, that at that meeting defendant sought improperly and injudiciously…