Piesik v. State

OPINION

BOOCHEVER, Chief Justice.

This appeal presents questions concerning: (1) retrial of a defendant after a mistrial has been declared as a result of the District Attorney’s improper closing argument to the jury; and (2) the admissibility, at the retrial, of evidence which was also pertinent to a charge on which the defendant was acquitted at the first trial.

Louis R. Piesik was charged on a three-count indictment with assault with a dangerous weapon, 1 lewd and lascivious acts toward a child (fellatio) 2 and sodomy. 3 Following the state’s closing argument at the first trial, defense…