Jessen v. State

Jordan, Justice.

Rusty Jessen appeals from a conviction and sentence of seven years for rape. He was indicted at the October Term, 1974, of Clarke Superior Court and tried before a jury on January 21, 22 and 23,1975, which trial resulted in a mistrial. He was again brought to trial on February 27, 28, 1975, resulting in a verdict of guilty. Prior to the second trial the court overruled a plea of former jeopardy.

1. The appellant contends that the court erred in denying his plea of former jeopardy in that the trial court abused its discretion in declaring a mistrial* without the appellant’s…