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STATE v. FISKE

No. 86-399-C.A.

526 A.2d 1273 (1987)

STATE v. William A. FISKE, Sr.

Supreme Court of Rhode Island.

June 9, 1987.

Attorney(s) appearing for the Case

James E. O'Neil, Atty. Gen., Thomas Dickinson, Jaine M. McSoley, Asst. Atty. Gen., Providence, for plaintiff.

William Reilly, Public Defender, Barbara Hurst, Asst. Public Defender, Providence, for defendant.

OPINION

KELLEHER, Justice.

Recently in State v. Torres, 524 A.2d 1120 (R.I., 1987), this court noted that the constitutional protection against double jeopardy attaches once the jury in a criminal case has been impaneled and sworn. The court went on to emphasize that a subsequent declaration of a mistrial by a trial justice, absent the defendant's request or consent and absent proof of a manifest necessity for such...

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