Ferrell v. State

ELDRIDGE, Judge.

This criminal case involves the applicability of the doctrine of collateral estoppel where a defendant was acquitted on one count of a two-count charging document, where the jury was unable to agree on the other count, where the disputed issue under both counts was the same, and where the defendant was subsequently retried for the offense on which the jury had previously been unable to agree.

The pertinent facts, as disclosed by the prosecution’s evidence, are as follows. On the morning of April 10, 1985, three women and a school girl were robbed at gunpoint by a lone man…