STATE v. DERBY


581 A.2d 815 (1990)

STATE of Maine v. Harold DERBY.

Supreme Judicial Court of Maine.

Decided November 1, 1990.


Attorney(s) appearing for the Case

R. Christopher Almy (orally), Dist. Atty., Dover-Foxcroft, for plaintiff.

Robert E. Murray (orally), Rudman & Winchell, Bangor, for defendant.

Before McKUSICK, C.J., and WATHEN, GLASSMAN, CLIFFORD, COLLINS and BRODY, JJ.


CLIFFORD, Justice.

Harold Derby appeals his conviction of assault (Class D), 17-A M.R.S.A. § 207 (1983), following his second jury trial in Superior Court (Piscataquis County, Beaulieu, J.). Because the record does not support a finding that the jury in Derby's first trial was genuinely deadlocked, there was no manifest necessity for the mistrial declared by the court. Derby lost his opportunity to obtain a favorable verdict from the first jury and his...

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