Whitehead v. State

STATON, Judge.

Ronald Keith Whitehead brings this interlocutory appeal from the trial court’s denial of his Motion for Discharge. He contends that further prosecution is barred by the constitutional prohibition against double jeopardy.

Affirmed.

Ronald Keith Whitehead was charged with murder on February 24, 1981. On February 3,1982, a jury was selected. The next day, the trial judge issued preliminary instructions to the jury, both parties presented opening statements, and the State presented its first witness. Following the lunch recess, the trial judge informed the parties that the jury had…