The PEOPLE v. Friason

Defendant Joseph Friason was indicted on a charge of burglary, was found guilty by a jury in the criminal court of Cook County and sentenced to the penitentiary for not less than ten nor more than twenty years. He brings this writ of error contending that he was twice put in jeopardy for the same offense in violation of his constitutional rights.

Defendant was first placed on trial on this indictment before a jury on September 24, 1959. On that trial both the defendant and the State were entitled to twenty peremptory challenges. (Ill. Rev. Stat. 1959, chap. 38, par. 742.) However, the trial…