BARRINER v. DISTRICT COURT

No. 25106.

484 P.2d 774 (1971)

Henry Carl BARRINER, Petitioner, v. DISTRICT COURT, DIVISION I IN AND FOR the COUNTY OF JEFFERSON, State of Colorado, Honorable Ronald J. Hardesty, Judge, and A. L. Herrmann, District Attorney, First Judicial District of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

May 10, 1971.


Attorney(s) appearing for the Case

Gerash & Kaiser, Walter L. Gerash, Denver, for petitioner.

A. L. Herrmann, Jr., Dist. Atty., Golden, for respondents.


KELLEY, Justice.

This is an original proceeding. The petitioner seeks relief in the nature of prohibition to enjoin a second trial after a previously declared mistrial. C.A.R. 21. We issued a rule to show cause why the relief sought should not be granted to which the respondents have answered. The issue raised by the proceeding is whether, under the circumstances hereinafter set forth, petitioner's right under Article II...

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