State v. Kasprzyk

Opinion

NORCOTT, J.

The issue in this appeal is whether the trial court properly concluded that a mistrial was required because of manifest necessity. The trial court, Moore, J., denied the motion of the defendant, Michael Kasprzyk, to dismiss the information, concluding that the prior declaration of a mistrial by the court, Cutsum-pas, J., had been based on manifest necessity and that, therefore, further prosecution was not barred by the double jeopardy clause of the United States constitu*188tion. The defendant appealed to the Appellate Court from the judgment of the trial court denying his…