State v. Agee

Judge BECTON

dissenting.

Believing that this case is controlled by Ashe v. Swenson, and, therefore, that the trial court committed reversible error by permitting the State to present evidence of defendant’s alleged marijuana possession in his subsequent trial for possession of LSD, I dissent.

First, the majority’s reliance on State v. Edwards is misplaced. In Edwards, the State was permitted to introduce evidence of the defendant’s participation in a larceny — even though he had been acquitted of that crime — in a later trial on a related charge of breaking or entering with the intent to commit…