People v. Kuhfuss

PRESIDING JUSTICE McCUSKEY

delivered the opinion of the court:

The defendant, Frederick W. Kuhfuss, appeals from an order of the circuit court of Tazewell County which denied his motion to dismiss the charges against him based on double jeopardy. The defendant raises two issues on appeal: (1) whether the trial court erred in granting the prosecutor’s motion for a mistrial because there was no manifest necessity for the mistrial; and (2) whether the mistrial was attributable to overreaching by the prosecution thereby precluding the retrial of the defendant.

We affirm because we agree with the…