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STATE v. BARTON

No. 2275-3.

17 Wn. App. 846 (1977)

565 P.2d 830

THE STATE OF WASHINGTON, Respondent, v. THOMAS J. BARTON, JR., Appellant.

The Court of Appeals of Washington, Division Three.

June 22, 1977.

Attorney(s) appearing for the Case

Edward B. Critchlow and Critchlow, Williams, Ryals & Schuster, for appellant.

Curtis L. Ludwig, Prosecuting Attorney, for respondent.

GREEN, J.

Discretionary review was granted by the Commissioner to consider one question:

When a mistrial has been declared because a jury cannot reach a verdict, do the time limits of CrR 3.3 run anew from the date of the mistrial to the date of the second trial?

Defendant was charged with second-degree murder as a result of a shooting on August 21, 1976. He entered a preliminary appearance on August 23, and was released on bail. Trial commenced...

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