State v. Munson

STOREY, Judge.

OPINION

This is a criminal action in which defendant, David Munson, Jr., was originally charged with First Degree Burglary with intent to commit murder. The jury found him guilty of the lesser included offense of breaking and entering. Subsequently, defendant’s motion for a new trial was granted by this Court. The State then charged the defendant with First Degree Burglary with intent to commit rape. Defendant has filed the subject motion to dismiss this second indictment.

The issue is whether the State is precluded by the double jeopardy provisions of either the Delaware or the…