People v. Cooper

Defendant appeals by right her conviction by a jury of attempted uttering and publishing, MCL 750.249; MSA 28.446 and MCL 750.92; MSA 28.287. Although defendant raises several claims of error on appeal, we only address her claim that her prosecution was barred by the constitutional guarantee against double jeopardy.

Defendant and Ivan Horton were jointly charged with uttering and publishing. At their first joint trial, a mistrial was declared with the consent of both defendants. At their second trial, a prosecution witness volunteered testimony concerning a statement by appellant inculpating…