Proceeding otherwise dismissed on the merits, without costs or disbursements.
While what occurred upon the first trial of the indictment must be deplored, the record makes it clear that petitioner was not prejudiced thereby and that the mistrial resulted from the granting of his motion for such relief. Upon the argument of this application, the District Attorney stipulated that, upon the retrial, he would call no witnesses other than those called by him on the first...
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