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STATE v. SEAMONS

No. 21214.

892 P.2d 484 (1995)

126 Idaho 809

STATE of Idaho, Plaintiff-Appellant, v. Orson Ned SEAMONS, Defendant-Respondent.

Court of Appeals of Idaho.

March 23, 1995.

Attorney(s) appearing for the Case

Alan G. Lance, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for appellant. Michael A. Henderson, argued.

Carol L. Shephard, Spokane, WA, for respondent.

PERRY, Judge.

In this case we must decide whether, after acquittal on one charge, I.C. § 18-301 bars retrial of any lesser included offenses upon which the jury was unable to reach a verdict. We conclude that I.C. § 18-301 does not prohibit a retrial.

FACTS AND PROCEDURE

In September of 1993, Orson Seamons was charged with attempted rape, I.C. § 18-6101 and § 18-306, and battery...

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