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SPANN v. STATE

No. 07-IA-59610.

557 So.2d 530 (1990)

David SPANN v. STATE of Mississippi.

Supreme Court of Mississippi.

February 14, 1990.

Attorney(s) appearing for the Case

Wayne Hynum and J.B. Van Slyke, Jr., Hattiesburg, for appellant.

Mike C. Moore, Atty. Gen. and Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, P.J., and ROBERTSON and PITTMAN, JJ.

PITTMAN, Justice for the Court:

David Spann was indicted by the Grand Jury of Forrest County, Mississippi, in June of 1987 for rape. While Spann was testifying, the trial judge declared a mistrial sua sponte. The State then sought to re-try Spann on the same charge. Spann moved to dismiss the charge, alleging that the prosecution would violate the double jeopardy provisions of the Mississippi and United States Constitutions...

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