State v. Rankin

The state appeals from an order of the trial court allowing defendant’s motion to dismiss one of two indictments pending against defendant.

The sole issue presented is: When a defendant has been indicted for a criminal violation and is awaiting trial, is the state precluded from seeking and obtaining a second indictment based on the same criminal act or transaction.

On August 30, 1974, defendant was indicted for fraudulent sale of imitation drugs.

On October 3, 1974, a subsequent grand jury-indicted defendant for attempted criminal activity in drugs. Both indictments were based upon essentially…