People v. Ferguson

lant. Judgment affirmed. Memo-

randum: Defendant appeals from a judgment of conviction of second degree murder and primarily argues that the trial court’s declaration of a mistrial during his first trial precluded his retrial for the same offense. From the sparse record it appears that during his first trial information was received by the Trial Judge that a trial juror had been injured in an automobile accident on the evening of the fourth day of trial and was in the hospital receiving treatment for his injuries. This was confirmed by unidentified hospital emergency room personnel who further…