Orr v. State

ANDERSON, Chief Justice.

The motion to quash the indictment upon the grounds therein contained was not only without merit but was frivolous.

The plea purporting to set up former jeopardy does not appear in the record. It seems, however; from the judgment entry that the former jeopardy relied upon was the previous action of the trial court in ordering a mistrial at a previous hearing upon the motion of the defendant. The ordering of the mistrial, especially upon the motion of the defendant, upon the grounds set out, was permissible and was no bar to the further prosecution of the defendant.…