State Ex Rel. Alcala v. Grayson

ADAMS, J.:

This is a case of original jurisdiction in prohibition.

Relator Alcala was put upon trial in the Criminal Court .of Hillsborough County; a jury was empaneled and sworn and two witnesses for'the state were called; at that stage of the proceeding the presiding judge .became convinced that the witnesses were committing perjury and that the defendant was responsible for the perjury and for that reason a mistrial was declared over Alcala’s objection.

The question now is whether Alcala was in jeopardy and should not be required to stand trial again. The right to plead former jeopardy was…