STATE v. FARMER


48 N.J. Super. 145 (1966)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES FARMER, DEFENDANT-APPELLANT.

Supreme Court of New Jersey.

Decided November 21, 1966.


Attorney(s) appearing for the Case

Mr. Raymond A. Brown argued the cause for appellant.

Mr. John P. Kozak, Assistant Prosecutor, argued the cause for respondent (Mr. Edward J. Dolan, Middlesex County Prosecutor, attorney; Mr. Kozak on the brief).


The opinion of the court was delivered by FRANCIS, J.

The issue to be determined here is whether the defense of double jeopardy is available as a bar to the proposed retrial of the defendant for murder. A previous trial came to an early abortive end when the trial court declared a mistrial sua sponte and over the objection of both State and defendant. Thereafter defendant's motion to dismiss the indictment on the ground that he could not be placed in jeopardy...

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