Strickland v. State

McCLUNG, Justice.

Harold Strickland was convicted by a jury of possession of a prohibited weapon. On appeal, appellant asserts double jeopardy and unlawful search and seizure. Because we agree that appellant’s second trial was violative of double jeopardy, we reverse and acquit.

After the jury was empaneled and sworn for appellant’s first trial, one juror moved out of the county. As a result, the trial court granted a mistrial on its own motion. Appellant objected to the mistrial, but his objection was overruled. A second trial was held before a new jury of twelve, and appellant was convicted.

Je…