Brindle v. State

Jordan, Presiding Judge.

The accused, charged with theft by taking, appeals from an order overruling his plea of former jeopardy. Held:

1. We reverse. The issue on appeal is whether the accused may be tried again following a mistrial declared by the trial judge ex mero motu over the objection of the accused. The transcript designated by the appellant and sent to this court discloses that a jury was empaneled and four witnesses had testified, that the trial judge then proceeded to question a juror concerning her relationship to the accused, that her answers disclosed she was his second cousin,…