Supreme Judicial Court of Maine November 1, 1990 (State v. Derby)

CLIFFORD, Justice.

Harold Derby appeals his conviction of assault (Class D), 17-A M.R.S.A. § 207 (1983), following his second jury trial in Superior Court (Piscataquis County,

Beau-lieu, J).

Because the record does not support a finding that the jury in Derby’s first trial was genuinely deadlocked, there was no manifest necessity for the mistrial declared by the court.