(concurring). I am constrained to concur for reversal. However, it should be noted that a grave injustice may in some instances result from our ruling. A trial may have proceeded for weeks before a mistrial is declared; and a second trial may require as much, or longer time, before there is a final disposition of an indictment. Surely it may not be said that in such an event counsel will have been sufficiently compensated by one allowance.