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STATE v. ELKINTON

No. State 107.

56 Wis.2d 497 (1972)

202 N.W.2d 28

STATE, Appellant, v. ELKINTON, Respondent.

Supreme Court of Wisconsin.

Decided November 28, 1972.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Robert W. Warren, attorney general, and Burleigh A. Randolph, district attorney of La Crosse county.

For the respondent the cause was submitted on the brief of Marvin H. Davis of La Crosse.

ROBERT W. HANSEN, J.

The defendant contends, and the trial court agreed, that granting the defense motion for a mistrial precluded the state from proceeding in a new trial on the same charge. This would make the granting of a motion for mistrial in a criminal case the exact equivalent, in its implications and consequences, of an acquittal. That is not the law, and never has been.

Before the trial court and on appeal...

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