Hinton v. State

HUNTER, Justice.

The defendant, Darryl Lynn Hinton, was charged with murder, Ind.Code § 35-42-1-1 (Burns 1979 Repl.), and tried by a jury. When the jury could not reach a verdict after several hours of deliberation, the court declared a mistrial and discharged the jury. A second jury trial resulted in a verdict of guilty of voluntary manslaughter, Ind.Code § 35-42-1-3 (Burns 1979 Repl.). Defendant was sentenced to fifteen years’ imprisonment and now appeals raising the following two issues:

1. Whether the trial court erred in discharging the first jury over the objection of defendant when there…