Gori v. United States

Opinion of the Court, by

Mr. Justice Frankfurter,

announced by Mr. Justice Clark.

In view of this Court’s prior decisions, our limited grant of certiorari in this case 1 brings a narrow question here. We are to determine whether, in the particular circumstances of this record, petitioner’s conviction at his see-*365ond trial2 for violation of 18 U. S. C. § 659,3 after his first trial had been terminated by the trial judge’s declaration of a mistrial sua sponte and without petitioner’s “active and express consent,” 4 violates the Fifth Amendment’s prohibition of double jeopardy. The Court of Appeals…