People v. Kretchmer

Blair Moody, Jr., J.

(concurring). The question of law raised in this case is whether the "same-transaction” rule, adopted in People v White, 390 Mich 245; 212 NW2d 222 (1973), bars defendant’s prosecution in circuit court for resisting arrest after his acquittal in district court of public intoxication arising from the same incident. The Court of Appeals affirmed the dismissal ordered in circuit court. 66 Mich App 548; 239 NW2d 658 (1976).

The per curiam opinion distinguishes White on the ground that "the two offenses involve laws intended to prevent substantially different harm or evil”. That…