OPINION
McGREGOR, Justice.
¶ 1 The issue presented is whether the state can retry the defendant on a manslaughter charge as to which the jury may have indicated, in a note signed by its foreperson, that it had reached a not guilty verdict. We hold that although the note cannot conclusively be construed as a verdict, the defendant may not be retried on the manslaughter charge because the trial judge prematurely granted the state's motion for mistrial...
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