STATE v. WOODSON

No. 83, September Term, 1994.

338 Md. 322 (1995)

STATE OF MARYLAND v. THOMAS ANDREW WOODSON.

Court of Appeals of Maryland.

May 17, 1995.


Attorney(s) appearing for the Case

David P. Kennedy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for petitioner.

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

Argued before ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ., and JOHN F. McAULIFFE, Judge (retired) Specially Assigned.


CHASANOW, Judge.

We are called upon in this case to determine whether double jeopardy bars retrial of a greater offense after a mistrial has been declared on both the greater offense, on which the jury was hung, and a lesser included offense, on which the jury reached a verdict but did not announce that verdict. For the reasons discussed below, we hold that double jeopardy does not prohibit retrial of the greater offense even though it may bar retrial of the lesser...

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