McCabe v. County Court

This application presents two questions, one, whether relief by writ of prohibition is permissible, and, second, if it is, whether it should be issued.

*473Petitioner alleges that, pursuant to an indictment found by the Grand Jury charging him with the commission of several crimes, he was brought to trial, a jury drawn, and, during the cross-examination of the principal witness for the prosecution, upon the motion of the District Attorney a mistrial was declared and the court thereupon set the case down for a trial de novo. Petitioner, now raising the plea of double jeopardy, seeks to prohibit the…