State v. Dowthard

JENNINGS, Justice.

Defendant, Jack Clifton Dowthard, was charged with first degree burglary. The case first went to trial on May 31, 1961. Due to statements made by one of the States’ witnesses the court granted defendant’s motion for a mistrial and thereupon discharged the jury. The second trial resulted in a verdict of guilty of second degree burglary. From the conviction defendant appeals.

The defendant first assigns as error the failure of the trial court to grant his motion to quash the information. Defendant moved that the information be quashed on the ground of former jeopardy. The…