State v. Price

SCHWARTZ, Chief Judge.

During a trial on drug charges, the trial judge announced that he would grant the defendant’s motion for mistrial because the state had adduced prejudicially improper evidence against him. At the instance of the prosecution, however, he agreed — to avoid a retrial if the defendant were acquitted — to submit the case to the jury. When the defendant was found guilty, the court entered a comprehensive and well-considered “order granting defendant’s ore tenus motion for mistrial” which stated:

The Defendant was charged by information with one count of Sale of Cocaine and one…