People v. Scott

Judgment unanimously affirmed. Memorandum: Appellant was convicted of criminally selling a dangerous drug in the third degree. His guilt was established beyond a reasonable doubt and we find no error during the trial to warrant a reversal. It is necessary, however, to discuss appellant’s motion to dismiss the indictment on the ground that he was being subjected to double jeopardy. On December 1, 1971, after four jurors had been selected and sworn, the court granted People’s motion for a mistrial on the ground that an indispensable witness was out of the State and would not be available for…