State Ex Rel. Manning v. Himes

SEBRING, J.:

The petitioner, Manning, was placed on trial upon a charge of embezzling funds from his employer. During the progress of the trial the trial court declared a mistrial, discharged the trial jury, and continued the case to a later date. The case coming on for trial a second time, the petitioner filed a motion to quash the information and for a discharge from custody, on the ground of former jeopardy. See Sec. 909.02 Florida Statutes, 1941. A demurrer to the motion to quash was sustained. Manning thereupon filed his suggestion in prohibition in this court, a rule nisi issued, and the…