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NEAL v. STATE

[No. 26 (Adv.), September Term, 1974.]

272 Md. 323 (1974)

322 A.2d 887

NEAL v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided July 29, 1974.

Attorney(s) appearing for the Case

Murray L. Deutchman, Assigned Public Defender, with whom were Bullard & Deutchman, P.A. on the brief and Dennis M. Henderson, Assistant Public Defender, for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

SINGLEY, J., delivered the opinion of the Court.

The defendant Neal, charged with shoplifting, came on for trial before a jury in the Circuit Court for Montgomery County. At the conclusion of the State's case, the court, sua sponte, declared a mistrial.1 The defendant thereafter moved to dismiss the charges against her, alleging that a retrial would violate the constitutional prohibition of being twice placed in jeopardy.

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