Legal Opinion
State v. McAlpine
Court of Appeals of Minnesota
Decided July 31, 1984No. C6-84-223PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WOZNIAK, Judge.
This is a pretrial appeal by the defendant, James Russell McAlpine, from an order denying his motion to dismiss a complaint charging him with possession of a controlled substance and possession with intent to sell, in violation of Minn.Stat. § 152.09 (1982). Defendant contends that his previous acquittal of the charge of conspiracy to commit theft bars this prosecution under constitutional and statutory provisions against double jeopardy, collateral estoppel, and serialized prosecution. We affirm.
FACTS
On February 19, 1983, the defendant was arrested after police agents…
2Cases cited11 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Brown v. OhioSupreme Court of the United States · 1977
- Sealfon v. United StatesSupreme Court of the United States · 1948
- State v. BartonWashington Supreme Court · 1940
- Ture v. StateSupreme Court of Minnesota · 1984
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3Cited by3 opinions
- State v. WeisbergCourt of Appeals of Minnesota · 1991
- State v. WeaverCourt of Appeals of Minnesota · 2011
- State v. OlsonCourt of Appeals of Minnesota · 1991