Legal Opinion

Mooberry v. State

Indiana Court of Appeals

Decided August 22, 1973No. 2-1072A74PublishedCited by 14 opinions

1Opinion of the CourtHoffman, C.J.

The issue presented by this appeal is whether defendant-appellant Stanley Mooberry was twice put in jeopardy.

Mooberry was charged by separate affidavits with the crimes of rape and entering to commit a felony.

On May 26, 1969, a jury was impaneled and sworn. Thereafter, two of the jurors acknowledged an acquaintance with the prosecuting witness. The trial court, upon its own motion, declared a mistrial. Defendant Mooberry then filed a motion objecting to the discharge of the two jurors, objecting to the declaration of a mistrial and moving for discharge of defendant on the grounds of double…

2Cases cited13 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. United States v. JornSupreme Court of the United States · 1971
  4. United States v. PerezSupreme Court of the United States · 1824
  5. Wade v. HunterSupreme Court of the United States · 1949

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Brown v. StateIndiana Supreme Court · 1998
  2. Joyner v. StateIndiana Supreme Court · 2000
  3. McCants v. StateIndiana Supreme Court · 1997
  4. Commonwealth v. KellySuperior Court of Pennsylvania · 2002
  5. Wilson v. StateIndiana Court of Appeals · 1976

9 more not listed; retrieve them via the Exa API.

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