concurring specially: The defendant having raised a State constitutional claim, arguing that part I, article 16 of our State Constitution precludes his retrial, I would first address that issue. State v. Ball, 124 N.H. 226, 471 A.2d 347 (1983). Because I am convinced that neither a literal reading nor independent analysis of the State double jeopardy provision would preclude retrial of the defendant in the dispute now before us, I join in the opinion of the Court.