State v. Williams

VAUGHN, Judge.

Three issues are presented: (1) whether the trial judge erred in denying defense counsel’s motion for a continuance at the outset of the fourth trial; (2) whether the judge was required to dismiss the charges on double jeopardy grounds since defendant had already been tried three times with each proceeding resulting in a mistrial; and (3) whether the judge erred in failing to instruct the jury that the State had the burden of proving that the taking by defendant was not done in the lawful exercise of public authority. We disagree with defendant’s contentions and hold that the…