People v. McJimson

Opinion

YOUNGER, J. *

Appellant timely entered a plea of “once in jeopardy” at the commencement of his second trial for the murder of Cynara Pope, the first having been declared a mistrial after a jury was impaneled because the deputy district attorney assigned the case was ill. At the second trial, McJimson was found guilty of second degree murder and sentenced to state prison.

Because we conclude the judgment must be reversed on “double jeopardy” grounds, no exposition of the facts of the crime is necessary, but this court is mindful that the victim was the mother of a small child and that its…