State v. Glover

The sole question posed by the instant appeal is whether the trial court erred in failing to grant appellee’s motion for dismissal of all charges against him on the basis that appellee had previously been placed in jeopardy on the same charges. We hold that the trial court did not err in proceeding to retrial.

There is no doubt that jeopardy had attached in this case by virtue of the first, aborted trial, since the jury had already been impanelled and sworn. Crist v. Bretz (1978), 437 U.S. 28. The question presented herein is whether appellee was protected from retrial by the constitutional…