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STATE v. SEAGROVES

691 S.W.2d 537 (1985)

STATE of Tennessee, Appellant, v. Andrew SEAGROVES, Appellee.

Supreme Court of Tennessee, at Nashville.

May 28, 1985.

Attorney(s) appearing for the Case

David M. Himmelreich, Asst. Atty. Gen., Nashville, for appellant; W.J. Michael Cody, Atty. Gen. & Reporter, Nashville, of counsel.

Robert S. Peters, Winchester, for appellee.

OPINION

FONES, Justice.

We granted this Rule 11 application for permission to appeal to determine whether the double jeopardy clauses of the state and federal constitutions precluded retrial on lesser included offenses after the jury acquitted defendant of armed robbery but deadlocked as to all lesser included offenses.

Seagroves was indicted with a co-defendant, Rollins, for armed robbery.1 The proof at the second trial...

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