SKEEL, J.
This appeal comes to this court on questions of law from an order overruling defendant's motion for discharge on the claim of "double jeopardy."
The defendant was indicted on May 23, 1960, by the Grand Jury of Cuyahoga County on a charge of manslaughter in the first degree. The indictment recites that Elizabeth Downey, on or about April 13, 1960, in the county aforesaid, unlawfully killed Francis X. Downey.
The trial was commenced on July...
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