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STATE v. WESLEY

No. 59167.

347 So.2d 217 (1977)

STATE of Louisiana, Appellee, v. Midas WESLEY, Appellant.

Supreme Court of Louisiana.

June 20, 1977.

Attorney(s) appearing for the Case

Joseph G. Kopfler, Student Practitioner, Arthur A. Lemann, III, Supervising Atty., New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant was convicted of simple burglary La.R.S. 14:62, and sentenced to three years imprisonment at hard labor. Upon his appeal, he relies upon two principal alleged errors.

(I) The prosecution should be dismissed, because the present (or fourth) trial for the offense offends the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution (Assignment 1); and

(II) The trial court incorrectly denied a mistrial...

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