443 S.E.2d 612 | Ga. | 1994
The issue in this appeal is whether Griffin’s previous trial, terminated by mistrial when the jury could not agree on a verdict, amounted to former jeopardy so as to bar a retrial. We disagree with Griffin’s contention that it did and affirm the trial court’s denial of
Griffin maintains that the trial court erred in terminating his trial, over defense objection, because there was no manifest necessity for declaring a mistrial.
Retrial of a criminal defendant after a mistrial caused by the inability of a jury to reach a verdict does not constitute double jeopardy where there is manifest necessity for declaring the mistrial. [Cits.] Where the jury is hopelessly deadlocked, this constitutes manifest necessity. [Cits.] The determination as to whether the jury is in fact hopelessly deadlocked is a matter “somewhat in the discretion” of the trial court. [Cits.]
Glass v. State, 250 Ga. 736, 738 (300 SE2d 812) (1983). Further, “[t]he decisive factor is not the length of deliberation but the inability of the jury to agree on a verdict.” Phillips v. State, 238 Ga. 632, 634 (235 SE2d 12) (1977). The record does not indicate that the trial court abused its discretion in ruling that the jury was hopelessly deadlocked and declaring a mistrial.
Judgment affirmed.