STATE v. McMAINS

No. 527-3.

7 Wn. App. 75 (1972)

497 P.2d 962

THE STATE OF WASHINGTON, Appellant, v. JOHN J. McMAINS, Respondent.

The Court of Appeals of Washington, Division Three.

June 8, 1972.


Attorney(s) appearing for the Case

Paul Klasen, Prosecuting Attorney, for appellant.

Darrell E. Ries (of Ries & Kenison) and Clifton W. Collins, for respondent.


EVANS, J.

The basic issue presented by this appeal is whether dismissal of a misdemeanor charge filed in justice court precludes later filing of felony charges in the superior court based upon the same incident.

On July 5, 1970 the defendant John J. McMains was arrested by the deputy sheriff of Grant County on the oral complaint of a private citizen. The defendant was taken to the office of the justice of the peace in Royal City, where a written complaint...

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