McGarvey v. State

Birdsong, Chief Judge.

This is an appeal from the denial of a plea in bar of prosecution based on former jeopardy grounds. The appellant Cormac M. McGarvey contends he cannot be tried after the trial court’s declaration of a mistrial for improper remarks made by defense counsel in opening statement, inasmuch as the trial court had allowed defense counsel to make such remarks. Further, he contends he is entitled to have the indictment dismissed because of prosecutorial misconduct in refusing, until after the mistrial, to supply to the defense on request one of defendant’s statements. Held:

1.…