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STATE EX REL. CROSS v. LAKE SUPERIOR COURT

No. 679S171.

396 N.E.2d 125 (1979)

STATE of Indiana ex rel. Ronald Cross, Relator, v. LAKE SUPERIOR COURT, Criminal Division, Honorable James L. Clement, Judge of Said Court, Honorable James Kimbrough, Senior Judge of Superior Court, Lake County, Criminal Division, Honorable Jack Crawford, Prosecuting Attorney, Lake County, Indiana, Honorable Nicholas Krochta, Clerk of the Superior Court of Lake County, Criminal Division, Respondents.

Supreme Court of Indiana.

November 9, 1979.

Attorney(s) appearing for the Case

Melvin Morris, East Chicago, Nathaniel R. Howse, Chicago, Ill., for relator.

Scott L. King, Deputy Pros. Atty., Crown Point, for respondents.

DeBRULER, Justice.

This is an original action filed by petitioner to prohibit the respondent trial court from exercising further jurisdiction in a criminal action pending against him there. On March 30, 1978, the respondent trial court denied petitioner's motion to dismiss based upon his claim that a trial on the charges would violate his rights secured by the double jeopardy clause of the Fifth Amendment to the United States Constitution. On that same date respondent...

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