State v. Brady

The sole issue in this case is whether double jeopardy precludes retrial of the defendants after the trial judge, on his own motion, declared a mistrial before their criminal cases were submitted to the jury. We hold that it does not.

As a result of their participation in a demonstration at the construction site of the Seabrook nuclear power plant, the defendants were charged with criminal trespass under RSA 635:2. A jury trial before Mullavey, J., began on May 7, 1979. After the third day of trial, the judge excused the jury for the day, correctly told the defendants that they would not be…