MAYFIELD, Judge.
Appellant, John David Gallagher, was tried before a jury on May 19, 1988, for the offense of driving while intoxicated. The jury was unable to reach a verdict and the trial court declared a mistrial. On November 23, 1988, the matter was retried with the same result. On January 6, 1989, appellant filed a motion to dismiss on the ground that to try him a third time when two previous jury trials had resulted in "hung juries" would subject him to double...
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