State v. Russo

Two principal issues are raised in this court. The first is, was the dismissal of an information, because the trial court decided it lacked jurisdiction following a full trial to the court, made “with prejudice,” thus preventing subsequent prosecution for the same offense? Secondly, if the dismissal is found not to be with prejudice in the first instance, is a subsequent prosecution barred by the double jeopardy clause of the fifth amendment to the United States Constitution? Other claims of defense to further prosecution are discussed in the opinion. We conclude that the original action was…