Illinois v. Somerville, No. 71-692 (U.S. Supreme Court) (410 U.S. 458; 93 S.Ct. 1066) (February 27, 1973) (Justice Rehnquist)
Here the Court established two broad criteria for determining when a judge may properly declare a mistrial that qualify for the "manifest necessity" rule that permits retrial.
In this case, after the trial had begun, the prosecutor discovered a defect in the indictment. This defect guaranteed reversal of any conviction. ...
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