Kelly v. State

Banke, Judge.

The appellant was tried twice on an indictment for selling heroin in violation of the Controlled Substances Act. The first trial was declared a mistrial over his objection after the jury announced its inability to reach a verdict. The second trial resulted in this appeal.

1. The appellant enumerates as error the denial of his plea of former jeopardy filed upon the call of the case for the second trial. "A retrial after a mistrial caused by the failure of the jury to reach a verdict does not constitute double jeopardy under the doctrine of manifest necessity’ as enunciated in…