Ex Parte McKinney

1 The defendant was named as John Anthony McKinney in the Court of Criminal Appeals.

The petition for a writ of certiorari is hereby denied. In denying the writ, we do not mean to be understood to be agreeing with the reasoning employed by the Court of Criminal Appeals in affirming the trial court's entry of a mistrial in the first jury trial in this action. In its opinion, the Court of Criminal Appeals held that a declaration of a mistrial in the first trial was necessary because the jury could not reach a unanimous verdict, and, therefore, it held that the petitioner had not been placed in…