State v. Smith

Mues, Judge.

This appeal arises from a plea in bar challenging the retrial of Michael Ray Smith for attempted voluntary manslaughter, first degree assault, and use of a weapon to commit a felony. In the original trial, Smith was charged with attempted second degree murder and use of a firearm to commit a felony and was found not guilty on both counts by a jury. The State subsequently filed a separate information charging Smith with attempted voluntary manslaughter, first degree assault, and use of a weapon to commit a felony. On grounds of double jeopardy, Smith filed a plea in bar objecting…