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STATE v. SMITH

871 S.W.2d 667 (1994)

STATE of Tennessee, Appellee, v. Rodney J.D. SMITH and James E. Smith, Jr., Appellants.

Supreme Court of Tennessee, at Nashville.

February 14, 1994.

Attorney(s) appearing for the Case

Robert D. Massey, Pulaski, for appellant, Rodney J.D. Smith.

J. Daniel Freemon, Freemon & Hillhouse, Lawrenceburg, for appellant, James E. Smith, Jr.

Charles W. Burson, Atty. Gen. and Reporter, and Gordon W. Smith, Deputy Atty. Gen., Nashville, for appellee, State of Tenn.

John G. Oliva, Nashville, for amicus curiae, the Tennessee Ass'n of Crim. Defense Lawyers.

OPINION

ANDERSON, Justice.

The sole issue in this appeal is whether manifest necessity required the trial court to declare a mistrial in the defendants' trial for felony murder and armed robbery. If so, the defendants could be retried without violating the double jeopardy clauses of the Tennessee and United States Constitutions. After concluding that there was a distinct possibility of defense attorney...

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