State v. Pierce

GODFREY, Justice.

George Pierce, charged with Class B aggravated assault, 17-A M.R.S.A. § 208 (1983), was tried before a justice of the Superior Court, Penobscot County, on March 29,1982. The trial justice sua sponte ordered a mistrial while the first witness for the prosecution was being examined. Before retrial, defendant successfully moved to dismiss the indictment on the ground that a retrial would violate his right to be free from double jeopardy under Article 1, § 8 of the Maine Constitution and the fifth amendment of the United States Constitution. From the judgment of the Superior…