Martin v. United States

SULLIVAN, Associate Judge:

On appeal, Martin contends that the trial court erred in denying Ms motion to dismiss Ms indictment for first-degree murder while armed1 and assault with intent to Mil while armed2 on collateral estoppel grounds. Martin maintains that Ms prior acqmttal by a jury of carrying a pistol without a license,3 on the facts of this case, necessarily meant that the jury decided, in his favor, the ultimate issue that he did not intend to participate in an armed assault of the victims. Therefore, he argues, the government was foreclosed from relitigating that issue at a…