State v. Bertrand

In this prosecution for receiving stolen property, the defendant brings an interlocutory appeal from a declaration of mistrial by the Superior Court (Groff, J.) and the court’s denial of the defendant’s subsequent motion to dismiss a criminal prosecution against him on the ground of double jeopardy. Two questions of law are presented for our consideration:

A. whether manifest necessity required the granting of the mistrial; and

B. whether the court erred in denying the defendant’s motion to dismiss on the ground of double jeopardy.

For the reasons set forth below, we hold that the requisite…