In United States v. Wilson, 420 U.S. 332 (1975) the Supreme Court of the United States held that the government could appeal where reversal would not require "a second prosecution . . . for the same offense" and said that "the constitutional protection against Government appeals attaches only where there is a danger of subjecting the defendant to a second trial for the same offense." 420 U.S. at 336. Wilson involved "a post verdict ruling of law," and dismissal by the trial judge on grounds of pretrial delay. 420 U.S. at 334-35, 352. After the jury found the defendant guilty, the trial court dismissed the case for prejudicial prosecution delay between the offense and the indictment. The United States Supreme Court held that the trial court ruling did not violate the federal constitutional prohibition against double jeopardy and could be appealed by the prosecution. The court pointed out that a "defendant has no legitimate claim to benefit from an error of law when that error could be corrected without subjecting him to a second trial before a second trier of fact." (Wilson, supra, 420 U.S. at p. 345 95 S. Ct. at p. 1023.)