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STATE v. BERTRAND

No. 89-102.

133 N.H. 843 (1991)

THE STATE OF NEW HAMPSHIRE v. WILLIAM BERTRAND.

Supreme Court of New Hampshire.

March 8, 1991.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (Tina Schneider, assistant attorney general, on the brief and orally), for the State.

W. Kirk Abbott, Jr., assistant appellate defender, of Concord, by brief and orally, for the defendant.

THAYER, J.

In this prosecution for receiving stolen property, the defendant brings an interlocutory appeal from a declaration of mistrial by the Superior Court (Groff, J.) and the court's denial of the defendant's subsequent motion to dismiss a criminal prosecution against him on the ground of double jeopardy. Two questions of law are presented for our consideration:

A. whether manifest necessity required the granting of the mistrial; and

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