State v. Kendall

In April, 1977, William Kendall, the defendant, was tried on the charge of delivery of a controlled substance, cocaine, party to a crime, contrary to secs. 161.41(1) (b) and 939.05, Stats. After the jury had deliberated for many hours and failed to reach a verdict, the court concluded that “the jury is hung,” declared a mistrial, and discharged the jury.

On July 6, 1977, the defendant moved to dismiss further prosecution on the ground that a second trial would place him twice in jeopardy contrary to the federal 1 and Wisconsin 2 constitutions. The motion was denied on July 19, 1977, and the…