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Home / Opinion Digests / Criminal Practice / Criminal Practice – Constitutional – Double Jeopardy – Attempted Murder Indictment – Incomplete – Attempted Voluntary Manslaughter – Contested Mistrial (access required)

Criminal Practice – Constitutional – Double Jeopardy – Attempted Murder Indictment – Incomplete – Attempted Voluntary Manslaughter – Contested Mistrial (access required)

Holding: We improvidently allowed discretionary review of our Court of Appeals’ decision (The original indictment against defendant was insufficient to allege attempted murder, but it was sufficient to allege the lesser included offense of attempted voluntary manslaughter. Since the insufficiency of the indictment was not noticed until after the jury had been empaneled and the ...

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