McDougal

The People appeal from a judgment dismissing charges of murder and attempted murder against Larry Joe McDougal on grounds of once in jeopardy. Finding legal necessity for the discharge of the jury, we reverse.

Facts

In the early evening of October 31, 1998, Delbert Block got into a fight with Zeid Mahjoub, who was working at a grocery store on the 900 block of Geary Boulevard in San Francisco. Mahjoub or another employee apparently forced Block out of the store. Block returned, threw a “boom box” at Mahjoub and either ran out of the store or was again forced out. This time Mahjoub followed Block out of the store and smashed the boom box against the ground. Mahjoub then turned to the bystanders that had gathered, including McDougal, asking if anyone else wanted to fight. McDougal responded by stabbing Mahjoub in the side, saying something like, “serves you right” or “that’s what you get.” McDougal left. Mahjoub died as a result of the wound inflicted by McDougal.

Meanwhile, a bystander, Billie Bright, saw the incident and ran across the street towards a pay telephone intending to call 911. On the way he got into an altercation with three tourists. According to Bright,…