State v. Larson

This case is before this court upon certification by the Washington County Municipal Court of the following question: When a judge, sitting as trier of fact, orders a mistrial without the consent of defendant, on the grounds that the court has been prejudiced by certain irregularities occurring after all the evidence was in, should a plea of former jeopardy be sustained in a new trial? The question was purportedly certified pursuant to Minn. St. 632.10.

Defendant was before the municipal court on charges of disorderly conduct, Minn. St. 1969, § 609.72, and making an anonymous telephone call…