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STATE v. HOWARD

235 N.J. Super. 243 (1989)

561 A.2d 1202

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEROY HOWARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1989.

Attorney(s) appearing for the Case

Warren W. Faulk argued the cause for appellant (Brown & Connery, attorneys; Warren W. Faulk, of counsel and on the brief).

John A. Mennite, Assistant Prosecutor, argued the cause for respondent (Richard E. Hickey, III, Gloucester County Prosecutor, attorney; John A. Mennite, of counsel and on the brief).

Before Judges KING, BRODY and ASHBEY.

The opinion of the court was delivered by BRODY, J.A.D.

We granted defendant leave to appeal an order denying his motion to dismiss this murder indictment on the ground of double jeopardy. The trial judge had granted the State's motion for a mistrial, made during defendant's attorney's opening statement. Shortly thereafter the judge denied defendant's motion and discharged the jury. The issues are whether defendant...

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