People v. Mallette

In this case we are involved with a unique set of circumstances and whether such constitute double jeopardy which would bar the conviction herein appealed.

The defendant was indicted upon charges that in May and June of 1974 he participated in the sale of cocaine (a controlled substance) to one Padula. The matter came on for trial in November of 1975 and following three days of jury selection and recess for the Thanksgiving holiday, opening statements were made to the jury. The defense counsel referred to a tape recording of a conversation between Padula (the purchaser of the cocaine) and a…