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STATE v. PIERCE

459 A.2d 148 (1983)

STATE of Maine v. George PIERCE.

Supreme Judicial Court of Maine.

Decided April 11, 1983.

Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Margaret Kravchuk (orally), Gary F. Thorne, Asst. Dist. Attys., Bangor, for plaintiff.

McCue & Lunn, Lawrence A. Lunn (orally), Bangor, for defendant.

Before McKUSICK, C.J., and GODFREY, NICHOLS, CARTER, VIOLETTE and WATHEN, JJ.

GODFREY, Justice.

George Pierce, charged with Class B aggravated assault, 17-A M.R.S.A. § 208 (1983), was tried before a justice of the Superior Court, Penobscot County, on March 29, 1982. The trial justice sua sponte ordered a mistrial while the first witness for the prosecution was being examined. Before retrial, defendant successfully moved to dismiss the indictment on the ground that a retrial would violate his right to be free from double jeopardy...

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