State v. Johnson

Thompson, Justice.

In this appeal by the State from an order barring further prosecution on double jeopardy grounds, this question is presented: Where only one of two defendants moves for a mistrial and the court declares a mistrial as to both the moving defendant and the defendant who did not make the motion, does double jeopardy bar a retrial of the defendant who remained silent?

Johnson and Weems were indicted for murder, felony murder, and aggravated assault. In the midst of trial, the state’s second witness, a detective, testified on direct examination that Weems had refused to make a…