State v. Eaton
Supreme Judicial Court of Maine
1Opinion of the Court
McKUSICK, Chief Justice.
We must here decide whether the dismissal of a complaint by the District Court because of the State’s failure to proceed in timely fashion with a bind-over hearing bars subsequent prosecution on an indictment charging substantially the same offense. We answer in the negative.
On August 6, 1982, the York County grand jury returned a multicount indictment against Eaton, charging him with, among other offenses, Class C theft, 17 — A M.R.S.A. § 353 (1983). Substantially this same Class C charge had been made against him in District Court (Sanford) by a complaint filed on…
2Cases cited21 opinions
- People v. UhlemannCalifornia Supreme Court · 1973
- Richmond v. StateWyoming Supreme Court · 1976
- State v. CradleSupreme Court of North Carolina · 1972
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- Morse v. United StatesSupreme Court of the United States · 1925
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