STATE v. BRADY

No. 79-473.

120 N.H. 899 (1980)

THE STATE OF NEW HAMPSHIRE v. EILEEN M. BRADY & a.

Supreme Court of New Hampshire.

December 29, 1980.


Attorney(s) appearing for the Case

Gregory H. Smith, acting attorney general (Brian T. Tucker, attorney, orally), for the State.

Robert Cushing, Jr., pro se, and Benjamin Hiller, of Massachusetts (on rebuttal), for the defendants.


DOUGLAS, J.

The sole issue in this case is whether double jeopardy precludes retrial of the defendants after the trial judge, on his own motion, declared a mistrial before their criminal cases were submitted to the jury. We hold that it does not.

As a result of their participation in a demonstration at the construction site of the Seabrook nuclear power plant, the defendants were charged with criminal trespass under...

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