State v. Cutshall

BRANCH, Justice.

Defendant contends that he has been placed in double jeopardy by being twice tried for the same capital offense of murder. In this connection he contends that Judge McLean erred in entering an order declaring a mistrial without defendant’s consent at the 25 May 1970 Session of Madison Superior Court, and that he erred in altering the order of mistrial of 1 June 1970 and in signing the same on 28 January 1971.

The burden is upon defendant to sustain his plea of double jeopardy. He failed to plead double jeopardy and to offer supporting evidence thereon, and he is therefore…