Louisiana Law Review Volume 44 | Number 2 Developments in the Law, 1982-1983: A Symposium November 1983 Criminal Trial Procedure Francis C. Sullivan Repository Citation Francis C. Sullivan, Criminal Trial Procedure, 44 La. L. Rev. (1983) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol44/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact
[email protected]. CRIMINAL TRIAL PROCEDURE Francis C. Sullivan* ATTACHMENT OF JEOPARDY-ARTICLE 592 A simple reading of article 592 of the Louisiana Code of Criminal Procedure' would lead one to believe that when a defendant pleads not guilty jeopardy attaches for purposes of determining double jeopardy when the first witness is sworn at the trial on the merits. Such is not the case, however, since the United States Supreme Court held in Crist v. Bretz' that the "federal rule that jeopardy attaches when the jury is empanelled and sworn is an integral part of the constitutional guarantee against double jeopardy." ' As a result, this constitutional rule has been effectively engrafted into article 592 despite the failure of the legislature to alert the unwary to this substantial change in the law. The change, recognized by the Louisiana Supreme Court in State v. Sermon," came before the Loui- siana First Circuit Court of Appeal again this term in State v. Albert.' In Albert, the accused was charged in 1980 with the production of marijuana.