Braxton v. United States

NEBEKER, Associate Judge:

Appellants were charged with murder in the second degree while armed. D.C.Code 1973, §§ 22-2403, -3202. During the course of their four-day trial by jury, the trial judge declared a mistrial as to each appellant. Their cases were reassigned to another judge for re-trial, and their several motions for dismissal upon double jeopardy grounds were denied. Those denials are the subjects of these appeals. The issues presented are whether the mistrials were declared upon the request or acquiescence of appellants and, if not, whether there existed a manifest necessity for the…