People v. Miller

This case is heard upon appeal by the State, and cross-appeal by the defendants arising under the following circumstances:

On June 25, 1963, Indictment No. 2213-63 was returned charging the defendants with the rape of a fourteen-year-old girl. On arraignment the defendants pleaded not guilty. A jury trial was commenced on December 9, 1963, and on December 15, 1963, the trial court declared a mistrial for the reason that the jury was unable to agree and the jury was discharged. On the same date the court granted a motion of the state’s attorney that the cause he set for jury trial on January…