State v. Martin

MALLARD, Chief Judge.

The defendant’s first assignment of error is that he was subjected to double jeopardy, in violation of his constitutional rights, for that he was retried on charges that he had been previously tried upon, at which former trial the jury had been unable to agree upon a verdict. This assignment of error is overruled. When the mistrial was ordered, the defendant not only made no objection but made the motion for the mistrial. The rule is that an order of mistrial entered upon motion of the defendant or with the defendant’s consent will not support *611a plea of former jeopardy.…