WALTERS v. STATE

No. CR 73-116.

503 S.W.2d 895 (1974)

Jimmie L. WALTERS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

January 21, 1974.


Attorney(s) appearing for the Case

J. H. Cottrell, Jr., and Floyd J. Lofton, Little Rock, for appellant.

Jim Guy Tucker, Atty. Gen., by Alston Jennings, Jr., Asst. Atty. Gen., Little Rock, for appellee.


BYRD, Justice.

Based upon the conduct of the trial court in discharging a jury and granting a new trial, the appellant Jimmie L. Walters seeks to set aside his subsequent second degree murder conviction upon the ground of former jeopardy or at least to reduce the conviction thereof to a degree not greater than involuntary manslaughter.

The record before us as to what occurred in the first trial is rather meager. The portion upon which appellant relies is set...

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