JORDAN, Presiding Judge.
The accused, charged with theft by taking, appeals from an order overruling his plea of former jeopardy. Held:
1. We reverse. The issue on appeal is whether the accused may be tried again following a mistrial declared by the trial judge ex mero motu over the objection of the accused. The transcript designated by the appellant and sent to this court discloses that a jury was empaneled and four witnesses had testified, that the...
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