State v. Lyons

HEDRICK, Chief Judge.

By her first assignment of error defendant contends she has been subjected to “double jeopardy” because her first trial ended when the judge declared a “mistrial.” The record discloses that during the first trial, the State asked defendant on cross-examination a question regarding her prior conviction of killing her husband. Defendant’s counsel made a motion for mistrial which was granted. Defendant, Lilly Lyons, stated that she wanted the trial to proceed. Defendant now argues that the trial judge abused his discretion when, over defendant’s objection, he granted the…