In Re Burns

This is a proceeding in habeas corpus. The petitioners were accused by information of conspiracy to commit abortions (Pen. Code, §§ 182, 274) and of practicing medicine without a certificate (Bus. & Prof. Code, § 2141). There were two trials resulting in disagreements of the jnry. The third trial resulted in the conviction on both charges of all five petitioners. Within a few days after sentence and commitment they filed the petition herein, based on the ground that in the last trial they were subjected to double jeopardy.

The trial opened on September 17, 1946, and just before the noon recess…