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STATE v. CARTER

890 S.W.2d 449 (1994)

STATE of Tennessee, Appellee, v. James L. CARTER, Appellant.

Court of Criminal Appeals of Tennessee, at Jackson.

July 13, 1994.

Attorney(s) appearing for the Case

A C Wharton, Shelby Co. Public Defender and W. Mark Ward, Asst. Public Defender; and Loyce D. Lambert and Edward G. Thompson, Asst. Public Defenders, Memphis, for appellant.

Charles W. Burson, Attorney General & Reporter, Joel W. Perry, Asst. Atty. Gen., Crim. Justice Div., Nashville, and John W. Pierotti, Dist. Atty. Gen., Phyllis B. Gardner and David B. Shapiro, Asst. Dist. Attys. Gen., Memphis, for appellee.

No Permission to Appeal Applied for to the Supreme Court.

OPINION

SUMMERS, Judge.

The appellant, James L. Carter, appeals from the judgment of the lower court holding that he can be retried for first-degree murder after the declaration of a mistrial. We granted the appellant's application for interlocutory appeal to determine whether a subsequent prosecution for the same charge is prohibited by the double jeopardy provisions of the state and federal...

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