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STATE v. REID

No. 91-1102-CR.

166 Wis.2d 139 (1991)

479 N.W.2d 572

STATE of Wisconsin, Plaintiff-Respondent, v. James REID, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 11, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant the cause was submitted on the briefs of John Anthony Ward of Kenosha.

On behalf of the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general and Sally L. Wellman, assistant attorney general.

Before Brown, Anderson and Snyder, JJ.

ANDERSON, J.

James Reid appeals from a postconviction order denying his motion to vacate the judgment of conviction on double jeopardy grounds. The issue on appeal is whether double jeopardy barred a second trial. The trial court declared a mistrial of the first trial after the jury reached a verdict but before the court accepted the verdict. The court declared a mistrial because two of the defendant's witnesses perjured themselves and the perjury was not known until...

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