State Ex Rel. Wark v. Freerksen

*92ROSSMAN, J.

Defendant, a trial judge, appeals from a judgment of the circuit court ordering that a peremptory writ of mandamus issue commanding him to dismiss a criminal prosecution for driving under the influence of intoxicants pending against relator. Relator petitioned for the writ after the judge granted the state’s motion for a mistrial at his trial and denied his subsequent motion to dismiss. The circuit court ordered the writ issued after concluding that further prosecution would violate relator’s statutory and constitutional rights against twice being placed in jeopardy for the same…