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STATE v. HARRELL

No. 77-553-CR.

85 Wis.2d 331 (1978)

270 N.W.2d 428

STATE, Plaintiff-Respondent, v. HARRELL, Defendant-Appellant.

Court of Appeals of Wisconsin, District I.

Decided August 31, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of John J. Carter and Carter & Finn, S.C., of Milwaukee.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general and David J. Becker, assistant attorney general.

Before DECKER, C.J., CANNON, P.J., and MOSER, J.

DECKER, C.J.

This is a double jeopardy case. It involves that narrow segment of former jeopardy principles applicable to retrial of a criminal case in which the first trial was terminated by an order granting defendant's motion for a mistrial.

The defendant was charged in a criminal complaint with having sexual intercourse with a girl fifteen years of age contrary to sec. 944.10 (2), Stats. A jury trial of the charge...

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