WILEY v. COM.

No. CA-1902-MR.

575 S.W.2d 166 (1978)

Henry WILEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied January 30, 1979.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Commonwealth of Kentucky, M. Gail Robinson, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Reid C. James, Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, HOGGE and WINTERSHEIMER, JJ.


GANT, Judge.

Appellant was convicted on two counts of trafficking in a controlled substance (heroin) and sentenced to five years on each count.

The first error assigned for reversal is that appellant was placed in jeopardy twice because a mistrial was improperly declared at his first trial and over his objection. The facts occasioning the mistrial were simple. While the defendant was on the stand on redirect examination, the following colloquy occurred between...

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