Kite v. State

I respectfully dissent to this decision. Defendant’s jeopardy claim is based on the *951argument that there was only one agreement entered into on September 17th for defendant to sell Kane a set quantity of LSD for a set price, and that the sale was completed with the delivery in two installments, one of 31 tablets on September 17th, and the final delivery of 10 tablets on the following day. Defendant contends a single sale to one customer cannot be divided to allow two separate prosecutions simply because the agreed amount of LSD was delivered in two installments. Since defendant was convicted…