Mitchel v. Dover

The defendant first asserts that by its exception to the orders of mistrial made by the Presiding Justice after the close of the evidence, the cases are transferred to this court for a determination of the facts. With this contention we are not in agreement. The general ground upon which a mistrial is ordinarily declared by the Trial Court is the existence of some circumstance which indicates that justice may not be done if the trial continues to a verdict. The result of such an order, whether made after the close of the evidence or at an earlier point in the trial, is the discharge of the…