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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