Wisconsin Supreme Court November 28, 1972, State 107 (State v. Elkinton)

Robert W. Hansen, J.

The defendant contends, and the trial court agreed, that granting the defense motion

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for a mistrial precluded the state from proceeding in a new trial on the same charge. This would make the granting of a motion for mistrial in a criminal case the exact equivalent, in its implications and consequences, of an acquittal. That is not the law, and never has been.