The opinion of the court was delivered by
WERTZ, J.:
This is an appeal by the state from an order of the trial court overruling the state's motion for a mistrial, instructing the jury to return a verdict of not guilty on the principal charge set forth in the information, and discharging the defendant from the charge and the lesser included offenses therein.
An information containing one count charging the defendant with felonious assault under the...
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