State v. Norton

Harwell, Justice:

The appellant Carl S. Norton was convicted of committing a lewd act upon a minor. He appeals, alleging that the trial judge should have quashed the indictment under the doctrines of former jeopardy and collateral estoppel. We disagree and affirm.

The appellant was tried for first degree criminal sexual conduct with a minor. The judge directed a verdict of acquittal because there was no evidence of a sexual battery. The appellant was subsequently reindicted and convicted for committing a lewd act on a minor 2 based on the same acts.

The doctrine of former jeopardy consists of…