People v. Kretchmer

The issue is whether defendant’s acquittal of a charge of public intoxication bars, under the "same transaction” rule we adopted in People v White, 390 Mich 245, 258; 212 NW2d 222 (1973), a charge of resisting arrest arising out of the events which led to the charge of public intoxication.

We hold that prosecution is not barred because the two offenses involve laws intended to prevent substantially different harm or evil.

I

The police arrived at a tavern on March 31, 1974 after receiving a report of a disturbance from the owner. They saw a number of persons causing trouble and asked them to…