Ex Parte Carl Thomas Preston

Summary

The Court held that jeopardy attached to all counts of the indictment when the jury was impaneled and sworn because the State did not take any affirmative action or obtain the trial judge's consent to preserve the first and third counts for later prosecution. Accordingly, the Court reversed the Court of Appeals and remanded with an order to dismiss the prosecution. Justice Clinton, in a concurring opinion, reiterated the constitutional and procedural foundations of the rule, while Justice Benavides simply concurred without further comment.