Minter v. State

Hall, Presiding Judge.

Defendant appeals from the denial of his plea of former jeopardy. At the trial, and after the State had presented its case, the judge (sitting as fact finder) declared a mistrial when he discovered that one of defendant’s witnesses was a former client and he would be thereby prejudiced. The case was transferred to another division of the court. When it came on the calendar again six months later, defendant filed his plea of former jeopardy. He contends the mistrial was declared upon an illegal ground and over his objection at the time. The term "mistrial” is technically…