State v. Houston

OPINION

JAMES CURWOOD WITT, JR., J.,

delivered the opinion of the Court,

in which NORMA McGEE OGLE, J., and D. MICHAEL SWINEY., Sp. J., joined.

The issue presented in this interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure is whether the manner of discharge of the jury prior to the jury’s reaching a verdict on all counts and the jury’s unorthodox eonsider-ation of the charged and lesser included offenses prohibit a retrial of the defendant, Rocky Joe Houston, on the charged offenses under the state and federal constitutional protections against double jeopardy.…