STATE v. EATON


462 A.2d 502 (1983)

STATE of Maine v. Donald EATON.

Supreme Judicial Court of Maine.

Decided July 15, 1983.


Attorney(s) appearing for the Case

Gene Libby (orally), Dist. Atty., Michael E. Saucier, Asst. Dist. Atty., Christine Murphy, Law Student, Alfred, for plaintiff.

Fine & Cohen, Janis Cohen (orally), Sheila Fine, Ogunquit, for defendant.

Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS and WATHEN, JJ.


McKUSICK, Chief Justice.

We must here decide whether the dismissal of a complaint by the District Court because of the State's failure to proceed in timely fashion with a bind-over hearing bars subsequent prosecution on an indictment charging substantially the same offense. We answer in the negative.

On August 6, 1982, the York County grand jury returned a multicount indictment against Eaton, charging him with, among other offenses, Class C theft, 17-A M.R...

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