Downum v. United States

Downum (defendant) went to trial on multiple counts; both sides announced ready, and a jury was sworn. Later that same day, before any evidence was presented, the prosecution asked to discharge the jury because it lacked a witness needed for two of the counts - a fact the prosecution had already known before the jury was sworn in. Downum asked the court to simply dismiss those two counts and proceed on the rest; the court instead discharged the entire jury and empaneled a new one two days later. Downum's plea of former (double) jeopardy was overruled, and the new jury convicted him.