State v. Preston

Appellants first assign as error the trial court’s refusal to grant their motion to dismiss which was filed prior to the fifth trial. While this motion as presented to the trial court appears to have been based in part upon the contention that defendants were being denied their Sixth Amendment right to a speedy trial, on this appeal appellants have abandoned that position and have based their argument entirely upon the contention that their motion to dismiss amounted to a plea of former jeopardy because of the four previous mistrials and should have been allowed on that ground alone. Since…