That is why the dismissal of the Manslaughter charge was such a big deal. If they could come back and try him later, it would have been a non-issue. Just dismiss it and start over.
That’s not the way it works, however.
The district attorney requested that the judge dismissed the manslaughter charge and the judge agreed. The moment that happened, Penny could never be tried for that case again, even if the Criminal Negligent Homicide would have ended up a hung jury. Had this been a Hung Jury, Penny could have been charged again for the lesser charge but never the Manslaughter.
That’s not the way it works, however.
The district attorney requested that the judge dismissed the manslaughter charge and the judge agreed. The moment that happened, Penny could never be tried for that case again, even if the Criminal Negligent Homicide would have ended up a hung jury. Had this been a Hung Jury, Penny could have been charged again for the lesser charge but never the Manslaughter.
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