Roesser v. State

MlKELL, Presiding Judge.

Following the denial of his plea in bar asserting double jeopardy, 1 Christopher Roesser appeals,2 contending that the trial court erred in ruling that he could be retried for voluntary manslaughter after the jury deadlocked on this charge. Roesser argues that because the jury acquitted him of the indicted offenses of malice murder, felony murder, and aggravated assault, the state is barred from further prosecution on the lesser included offense of voluntary manslaughter. *851We conclude that, in this case, a retrial on the voluntary manslaughter charge following a…