State v. Winningham

OPINION

BIRCH, Justice.

Billy O. Winningham, the appellee, was adjudicated in contempt of court for having violated an order of protection issued at the request of his estranged wife. The contemptuous conduct alleged included setting the fire that burned down his wife’s house. 1 This same conduct also served as the basis for an arson indictment later returned against him.

The trial court, upon the appellee’s motion, dismissed the indictment on double jeopardy grounds; the Court of Criminal Appeals affirmed that judgment. We granted the State’s application for review under Rule 11, Tenn. R.App.…