Davenport v. State

662 So.2d 629 (1995)

Clifton D. DAVENPORT

v.

STATE of Mississippi.

No. 92-KA-00641-SCT.

Supreme Court of Mississippi.

October 5, 1995.

Martin A. Kilpatrick, Greenville, for appellant.

Michael C. Moore, Attorney General, Deirdre McCrory, Special Ass't Attorney General, Jackson, for appellee.

Before PRATHER, P.J., and BANKS and McRAE, JJ.

BANKS, Justice, for the Court:

Here we are presented with a claim of double jeopardy where a mistrial was declared, on defendant's motion, following revelation of a prosecutorial discovery violation. We conclude that the defendant has failed to preserve the issue…