STATE v. DIXON

No. 94-1762.

534 N.W.2d 435 (1995)

STATE of Iowa, Appellant, v. Michael Charles DIXON, Appellee.

Supreme Court of Iowa.

July 19, 1995.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., John Sarcone, County Atty., and Odell G. McGhee, Asst. County Atty., for appellant.

Patrick H. Payton and Ronald G. Cable of Patrick H. Payton & Assoc., P.C., Des Moines, for appellee.

Considered by HARRIS, P.J., and LARSON, SNELL, ANDREASEN, and TERNUS, JJ.


SNELL, Justice.

Criminal defendant Michael C. Dixon challenged as violative of double jeopardy his retrial following the termination of his initial trial. The second trial court granted Dixon's motion to dismiss on the ground that the trial judge presiding over the first trial acted without manifest necessity in sua sponte declaring a mistrial after the judge personally volunteered comments during the trial. On the State's appeal of the dismissal, we affirm.

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