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STATE v. WOODSON

No. 1003, September Term, 1993.

100 Md. App. 97 (1994)

639 A.2d 710

STATE OF MARYLAND v. THOMAS ANDREW WOODSON.

Court of Special Appeals of Maryland.

April 12, 1994.

Attorney(s) appearing for the Case

David P. Kennedy, Asst. Atty. Gen., Baltimore (J.J. Joseph Curran, Jr., Atty. Gen., Baltimore and Alexander Williams, Jr., State's Atty. for Prince George's County, Upper Marlboro, on the brief), for appellant.

Nancy M. Cohen, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief) Baltimore, for appellee.

Submitted before WILNER, C.J., and BISHOP and FISCHER, JJ.

WILNER, Chief Judge.

This appeal raises an interesting double jeopardy issue that does not appear to have been addressed, in the context it arises here, in any reported decision anywhere in the country. The State, which is the appellant here, has posed the question this way:

"Where a mistrial is declared on both a greater [inclusive] offense as to which the jury is hung, and a lesser included offense, as to which the jury has reached a verdict but has not...

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