State v. Farmer

The opinion of the court was delivered by

Francis, J.

The issue to be determined here is whether the defense of double jeopardy is available as a bar to the proposed retrial of the defendant for murder. A previous trial came to an early abortive end when the trial court declared a mistrial sua sponte and over the objection of both State and defendant. Thereafter defendant’s motion to dismiss the indictment on the ground that he could not be placed in jeopardy again was denied. We granted leave to appeal from the denial.

On November 15, 1963 the Grand Jury of Middlesex County indicted defendant…