State v. Harrell

This is a double jeopardy case. It involves that narrow segment of former jeopardy principles applicable to retrial of a criminal case in which the first trial was terminated by an order granting defendant’s motion for a mistrial.

The defendant was charged in a criminal complaint with having sexual intercourse with a girl fifteen years of age contrary to sec. 944.10(2), Stats. A jury trial of the charge was commenced September 26, 1977. On September 28, 1977, Judge Christ T. Seraphim granted the defendant’s motion for a mistrial. The case was reassigned to Judge Landry who heard and denied…