Smith v. State

Two accusations were filed against the accused. By agreement these cases were tried together.

During the trial and after the judge had commenced to charge the jury the solicitor-general discovered that one of the jurors selected to try the- cases was an uncle of the defendant, and he made-a motion that a mistrial be declared on account of this relationship. The mistrial was declared. Later the accused filed a plea of former jeopardy, insisting that at the time the mistrial was declared he was in jeopardy, and that the legal effect of declaring the mistrial over his objection amounted to his…