State v. Tate

Clark, Judge.

Questions involving double jeopardy and collateral estoppel are presented to this court by the state’s appeal from the dismissal of its indictment charging defendant with rape and kidnapping.

Defendant had been previously tried on a two-count indictment dated September 17, 1974 arising from the same set of occurrences. Count 1 of this first indictment charged defendant with armed robbery, alleging that he, "unlawfully with force of arms, with the intent to commit theft, took from the person of [the named victim] the following property, to wit: brown purse of the property of [the…