OPINION
WEISBERGER, Justice.
This case comes before us on the appeal of the defendant, Russell A. Mallett, from an order of the Superior Court denying his motion to dismiss an indictment for murder and assault with intent to murder on the ground that the principles underlying the ban on double jeopardy guaranteed by the Fifth Amendment to the Constitution of the United States preclude a retrial of his case following a declaration of a mistrial. We affirm...
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