State v. Gwara

Considered and decided by the court without oral argument.

Scott, Justice.

This case is before the court on a discretionary pretrial appeal by defendant, William A. Gwara, from an order of the Ramsey County Municipal Court denying a motion to dismiss a pending prosecution of defendant for a misdemeanor charge of indecent exposure, Minn. St. 617.23. 1 Reversing the order, we hold that the double jeopardy clause of the United States Constitution bars defendant’s pending trial.

The arrest and commencement of prosecution of defendant in this case occurred in April 1975, before the Rules of Criminal…