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STATE v. MOUNCE

859 S.W.2d 319 (1993)

STATE of Tennessee, Plaintiff-Appellee, v. Roy L. MOUNCE, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

August 2, 1993.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, Rebecca L. Gundt, Asst. Atty. Gen., Nashville, for plaintiff-appellee.

Andrew N. Hall, Wartburg, for defendant-appellant.

OPINION

DROWOTA, Justice.

The Defendant, Roy L. Mounce, has appealed from the judgments of the lower courts holding that he can be retried for driving while under the influence of an intoxicant after the trial court declared a mistrial under the unique circumstances described below. We granted the Defendant's Rule 11 Application to decide whether a subsequent prosecution for the same charge of driving while under the influence is prohibited by the double...

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