State v. Knight

OPINION

HARBISON, Chief Justice.

During defendant’s trial before a jury upon an indictment for embezzlement, the trial judge, sua sponte, decided that the venue was improper and dismissed the indictment. Upon appeal by the State, the Court of Criminal Appeals held that the venue was proper and that the trial judge was in error in ordering a dismissal. It remanded the case for retrial. This Court granted the defendant’s application for permission to appeal to consider his contention that another trial under these circumstances would violate the double jeopardy clauses of the constitutions of…