McDONALD v. STATE

No. 69-748.

249 So.2d 451 (1971)

Thomas James McDONALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 1971.


Attorney(s) appearing for the Case

Robert G. Ferrell, III, Public Defender, Titusville, and Charles E. Thomson, Special Asst. Public Defender, Cocoa Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Rodney Durrance, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

Appellant was convicted of breaking and entering a dwelling house with intent to commit a felony therein, to-wit: rape. The evidence was more than sufficient to sustain the conviction and appellant makes no challenge on this score. His sole point on appeal is that the court erred in denying his pretrial motion to dismiss based upon the grounds of former jeopardy and collateral estoppel, by virtue of his having been theretofore indicted, tried and acquitted...

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