State v. Zimmer

McFarland, Justice:

Charles Frederick Zimmer, hereinafter referred to as defendant, was convicted and sentenced for the unlawful sale of marijuana. From this conviction and sentence he appeals.

On January 28, 1969, and February 18, 1969, trials of the defendant were held, and in each instance the court declared a mistrial. On February 22, 1969, he was again tried and the jury returned a verdict of guilty of the charge of unlawful sale of marijuana. Defendant contends the court erred in denying his motion for a mistrial based on improper empaneling of the jury. In the course of the trial the…