STATE EX REL. BETTS v. SCOTT

No. 14707.

267 S.E.2d 173 (1980)

STATE ex rel. Kenard BETTS v. The Honorable George M. SCOTT, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

June 4, 1980.


Attorney(s) appearing for the Case

Alan H. Simms, Elizabeth, for petitioner.

Chauncey H. Browning, Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for respondents.


MILLER, Justice:

The principal question presented by this original proceeding in prohibition is whether double jeopardy principles bar a reprosecution where the first trial was ended by the defendant's motion for mistrial. The basis for the mistrial here was the failure of the prosecution to comply completely with our evidentiary rules regarding the admissibility of relator's blood alcohol test. A question is also raised as to the validity of the conviction under...

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