Smith v. State

Donald L. Corbin, Justice.

Appellant, Jesse Wayne Smith, appeals a decision of the Pike County Circuit Court denying his motions to dismiss the charge of manufacturing a controlled substance with intent to deliver. We find no error and affirm.

Appellant’s motions to dismiss were based on former jeopardy grounds. He argues he has once been placed in jeopardy of loss of liberty because a jury was sworn to hear his case. The facts giving rise to this appeal follow.

Appellant’s case was set for trial September 21, 1990. He was to be tried along with his co-defendant, George West, Jr. Jury selection…