Jones v. Hogg

STERNBERG, Justice.

The appellant, Elhannon Jones, Jr., was indicted by the Perry County Grand Jury for the offense of murder (KRS 507.-020(l)(a)). He was tried on three occasions, and each trial resulted in a hung jury. On June 9, 1982, pursuant to the authority of CR 76.36, appellant filed an original action in the Court of Appeals of Kentucky wherein he sought to prohibit appellee, Special Judge, from permitting a fourth trial of the appellant for the same offense that he had on three prior occasions been tried. Appellant also sought an order dismissing the indictment. He charges that…