Gray v. Goodenough

VANCE, Justice.

William J. Gray appeals to this court from an order of the Court of Appeals which denied a writ of prohibition to prevent his retrial on a criminal charge. His previous trial ended in a mistrial because of the inability of the jury to reach a verdict. Appellant contends that the trial judge abused his discretion in declaring the mistrial and that a retrial will subject him to double jeopardy.

At the conclusion of a three-and-one-half day trial, the case was submitted to the jury at 2:00 p.m. Although the trial was of some length, the issues were not complex. After three hours’…