State v. Kirby

Ness, Justice:

This is an appeal from the trial court’s granting of a plea of former jeopardy. Upon a former trial for criminal conspiracy, at the close of the State’s case, the respondents Kirby and Stogner were granted a brief recess to decide if they would offer any evidence. During this recess the solicitor damaged his dentures and was granted permission to go to his office to make repairs. He was later found unconscious in his apartment. The trial court recessed instructing the jury to return the next day.

The following morning the jury was apprised of the solicitor’s death and the court…