STATE v. MONTALBANO

No. 8426SC372.

326 S.E.2d 634 (1985)

STATE of North Carolina v. Salvatore MONTALBANO.

Court of Appeals of North Carolina.

March 5, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David E. Broome, Jr., Raleigh, for the State.

Paul Kaplan, Charlotte, and J. Tony Serra and Denise Anton by Denise Anton, San Francisco, Cal., for defendant-appellant.


ARNOLD, Judge.

At issue in this appeal are the questions (1) whether defendant will be subjected to double jeopardy on retrial, when during his first trial on the same charges the court declared a mistrial, and (2) whether, in view of the necessity for the mistrial and the public interest in completed trials, the retrial should be barred, or not. Although this appeal is interlocutory, it potentially concerns a "substantial right," that of the defendant not to be put...

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