People ex rel. Epting v. De Voe

The People appeal from an order which sustained a writ of habeas corpus and discharged the respondent on the ground that the Trial Judge had exceeded his authority in discharging the jury and granting a mistrial during the trial, and that therefore the defendant could not be again put in jeopardy by retrial. The facts are simple and without substantial dispute. The defendant was indicted in one indictment containing two counts, the first charging manslaughter in the second degree, and the second for assault in the second degree. The trial started in County Court on February 23, 1954, with the…