State v. Crocker

Decision here depends upon whether the facts found by Parker, J., disclose necessity sufficient to justify the order of mistrial over the objection of the defendant. In sharper focus, the question is whether the facts found relating to the time, nature and duration of the misbehavior or disability of certain of the jurors are such as to warrant ■the order of mistrial over the objection of the defendant. If so, the defendant’s plea of former jeopardy was properly overruled and the judgment must be affirmed. If not, the defendant’s plea of former jeopardy must be sustained and the defendant…