Stacy v. Manis

VANCE, Justice.

Appellants sought a writ of prohibition by an original action in the Court of Appeals to prevent their retrial, alleging double jeopardy as the basis for the writ. Their petition was denied, and they appeal as a matter of right to this court. We affirm the decision of the Court of Appeals.

A mistrial was declared, over appellants’ objection, in their earlier trial for arson, burglary, and theft. The claim now made is that no manifest necessity existed for the declaration of the mistrial, and therefore appellants cannot be retried.

The record indicates that appellants contended at…