Gori v. United States, 367 U.S. 364 (1961)

Gori v. United States

No. 486

Argued May 3, 1961
Decided June 12, 1961
367 U.S. 364

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

On the record in this case, petitioner’s conviction at his second trial in a Federal District Court for violation of 18 U.S.C. § 659, 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," but concededly in the trial court’s exercise of discretion out of regard for petitioner’s interest, did not violate the Fifth Amendment’s prohibition of double jeopardy. Pp. 364-370.

282 F.2d 43 affirmed.