State v. Kruelski

Opinion

CALLAHAN, C. J.

The sole issue in this certified

appeal is whether the state is barred by the double jeopardy clause of the fifth amendment to the United States constitution1 from retrying a defendant who is charged with a crime and, after a jury is empaneled and *3sworn,2 acquitted on a statute of limitations defense. We conclude that, under the circumstances of this case, the federal constitution permits a second trial.

The following undisputed facts and procedural history are relevant to this appeal. On August 22, 1994, an arrest warrant was issued charging the defendant, Edward J.…