State v. Copening

The defendant, Roy W. Copen-ing, was charged in the Circuit Court for Kenosha County with conspiracy to commit theft by fraud, in violation of secs. 943.20(1) (d) and (3) (b) and 939.31, Stats., by making false representations to banks. Upon the motion of the defendant, the trial court declared a mistrial. Subsequently, the defendant moved for dismissal of the charges because the scheduled retrial would place him again in jeopardy for the same offense. Although the defendant recognized that, ordinarily, a declaration of a mistrial upon the motion of a defendant does not bar retrial, he…