Smith v. State

Birdsong, Presiding Judge.

The appellant Christopher David Smith, now fourteen years old, appeals the superior court’s denial of his plea in bar to his trial for the capital offense of armed robbery. (He was tried and found guilty of the offense.) The plea is grounded in the contention that double jeopardy attached when charges against Smith for motor vehicle theft were heard in juvenile court four days before the superior court trial.

The crimes with which appellant was charged occurred March 3, 1984. In the early morning hours, appellant escaped from hospital detention in Douglas County and,…