WOODS v. STATE

5 Div. 393.

367 So.2d 974 (1978)

Ethel Morgan WOODS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 21, 1978.


Attorney(s) appearing for the Case

Edward C. Greene, Mobile, for appellant.

William J. Baxley, Atty. Gen. and Linda C. Breland, Asst. Atty. Gen., for the State.


BOWEN, Judge.

The appellant was charged with murder in the second degree. A jury found her guilty of manslaughter in the first degree and fixed her punishment at five years imprisonment. On this appeal the only question presented for review is whether the constitutional prohibition against double jeopardy barred a second trial where the court discharged the jury in the first trial and granted the state's motion for a mistrial on the basis of "juror conduct".

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