State v. Butler

THREADGILL, Judge.

This is an appeal by the state from an order finding that double jeopardy barred the appellee from being retried. We reverse.

Prior to the trial of appellee on drug charges, the court excluded from evidence any reference by law enforcement officials to the fact that appellee was driving a stolen car at the time of his arrest. However, when questioned by the prosecutor concerning appellee’s version of his arrest, a detective stated that appellee told him he had borrowed a stolen car. Defense counsel objected and moved for a mistrial, which was granted. Defense counsel then…