Wiley v. Commonwealth

GANT, Judge.

Appellant was convicted on two counts of trafficking in a controlled substance (heroin) and sentenced to five years on each count.

The first error assigned for reversal is that appellant was placed in jeopardy twice because a mistrial was improperly declared at his first trial and over his objection. The facts occasioning the mistrial were simple. While the defendant was on the stand on redirect examination, the following colloquy occurred between his attorney and the appellant:

RDQ 1. Henry, you’ve been in the penitentiary a long time, haven’t you?

A. Yes, sir.

RDQ 2. And every time…