Seiber v. State

OPINION

DAUGHTREY, Judge.

This appeal from the defendants’ conviction by an Anderson County jury presents us with a single issue for resolution: whether after jeopardy has attached in a misdemeanor case a General Sessions Court may bind an accused to the Circuit or Criminal Court upon a finding under T.C.A. § 40-416 that the offense merits a fine in excess of fifty dollars. We hold that a subsequent indictment and retrial under such circumstances violates the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution1 and the identical provision in Art. 1, § 10 of the…