State v. White

WHICHARD, Justice.

Defendant was charged with armed robbery. The initial trial began on 9 December 1985 before Judge Robert E. Gaines. Defense counsel moved for a mistrial after the prosecutor asked defendant on re-cross examination, “Isn’t it true that on [the] assault on [a] female conviction you were originally tried on second degree rape?” The court granted the motion and admonished the prosecutor for asking the question.

Prior to retrial, defendant moved to dismiss the indictment on double jeopardy grounds, arguing that the prosecutor’s intentional misconduct provoked the mistrial. On 17…