Chapman v. Richardson

STEPHENSON, Justice.

Albert Dewayne Chapman was tried before a jury on a charge of assault in the first degree. The first trial ended when a mistrial was declared by the trial court for the reason that the jury could not agree on a verdict. On retrial, the trial court declared a mistrial. Chapman applied to the Court of Appeals for a writ of prohibition to prevent another trial on the charge asserting jeopardy. The Court of Appeals denied the writ of prohibition. We affirm.

At the second trial and during the course of cross-examining the prosecuting witness, the lawyer for Chapman asked: “Now,…