Anderson v. State

In the sole ground of error presented, complaint is made that the trial court erred in overruling each appellant’s special plea of double jeopardy after their first trial, upon pleas of not guilty, ended in a mistrial prompted by a manifestly improper question asked by one of the prosecuting attorneys. Specifically, the contention is advanced that, because the mistrial was declared as a direct result of “prosecutorial overreaching,” the Double Jeopardy Clauses 1 effectively barred any further prosecution of each appellant. After first setting *727the scene for the granted mistrial, for reasons…