State v. Mozorosky

We granted the petition for review in this case because of the perplexing questions concerning the application of the doctrine of collateral estoppel.

The defendant was charged with theft (formerly embezzlement) from his employer. He was charged in eight indictments which were identical except each covered a different period of time. With defendant’s approval the indictments were consolidated for trial. The jury acquitted the defendant on two indictments, was unable to agree on the remaining six, and, therefore, was discharged. The defendant moved for dismissal of the remaining six on the…