Court of Appeals of North Carolina March 5, 1985, 8426SC372 (State v. Montalbano)

ARNOLD, Judge.

At issue in this appeal are the questions (1) whether defendant will be subjected to double jeopardy on retrial, when during his first trial on the same charges the court declared a mistrial, and (2) whether, in view of the necessity for the mistrial and the public interest in completed trials, the retrial should be barred, or not.