United States v. Sanford, 429 U.S. 14 (1976)

United States v. Sanford

No. 75-1867

Decided October 12, 1976
429 U.S. 14

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Where the District Court, because of a hung jury, declared a mistrial on the indictment against respondents, the Double Jeopardy Clause of the Fifth Amendment does not bar a retrial, and hence the Government is entitled under the Criminal Appeals Act to appeal from the District Court’s subsequent dismissal of the indictment on respondents’ motion, since the dismissal was prior to a trial that the Government had a right to prosecute and the respondents were required to defend. Serfass v. United States, 420 U.S. 377.

Certiorari granted; 536 F.2d 871, reversed and remanded.