State v. Roberson

LE BLANC, Justice.

In the course of trial of this defendant before a jury on an indictment for aggravated battery, one of the jurors, according *77to the minutes of Court, “manifested a serious illness and was removed from the jury box.” On motion of the District Attorney, the district judge ordered a mistrial and the case was reassigned for trial at a later date. The jury that was sitting on the case was then discharged.

When the case was called for trial on the date of re-assignment, counsel for the defendant filed a plea of former jeopardy which was heard and overruled, whereupon he applied to…