MOOBERRY v. STATE

No. 2-1072A74.

300 N.E.2d 125 (1973)

Stanley MOOBERRY, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

August 22, 1973.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Malcolm K. McClintick, Deputy Public Defender, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.


HOFFMAN, Chief Judge.

The issue presented by this appeal is whether defendant-appellant Stanley Mooberry was twice put in jeopardy.

Mooberry was charged by separate affidavits with the crimes of rape and entering to commit a felony.

On May 26, 1969, a jury was impaneled and sworn. Thereafter, two of the jurors acknowledged an acquaintance with the prosecuting witness. The trial court, upon its own motion, declared a mistrial. Defendant Mooberry then...

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