State v. Bell

McCORMICK, Justice.

This appeal involves a double jeopardy question. Defendant Randall Kirk Bell was tried for first-degree murder. After deliberating on the case, the jury returned to the courtroom and tendered a verdict finding defendant guilty of second-degree murder. When the jury was polled, one juror said she disagreed with the verdict because she had a reasonable doubt of the sufficiency of evidence on that charge. Defendant moved for mistrial, and the State resisted, asking that the jury be returned to its deliberations. The trial court sustained the motion and discharged the jury.…