State v. McCrary

[786] Defendant was charged by information with first degree murder. He was found guilty of second degree murder and sentenced to ten years’ confinement. He has appealed. The ease has been briefed here on his behalf, and the sole contention made is that a previous trial at which the jury was discharged for failure to agree',' constituted former jeopardy. The point was raised at the last trial by motions for acquittal and after the trial by a motion for acquittal notwithstanding the verdict. .

More specifically, the contentions of defendant are: that the discharge of the jury was improper…