United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brock v. North Carolina, 344 U.S. 424 (1953)

Brock v. North Carolina

No. 34

Argued October 23, 1952

Decided February 2, 1953

344 U.S. 424

Syllabus

At a criminal prosecution of petitioner in a North Carolina state court, the judge declared a mistrial on the motion of the prosecution after two of the State's witnesses refused to give any testimony before the jury. Petitioner was later convicted of the same offense in another trial, and his plea of double jeopardy overruled.

Held: To try petitioner a second time for the same offense after a first trial had been interrupted in the interests of justice did not violate the Due Process Clause of the Fourteenth Amendment. Pp. 344 U. S. 424-428.

234 N.C. 390, 67 S.E.2d 282, affirmed.

Petitioner was convicted in a criminal prosecution in a North Carolina state court. The State Supreme Court affirmed. 234 N.C. 390, 67 S.E.2d 282. This Court granted certiorari. 343 U.S. 914. Affirmed, p. 344 U. S. 428.