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STATE v. McALPINE

No. C6-84-223.

352 N.W.2d 101 (1984)

STATE of Minnesota, Respondent, v. James Russell McALPINE, Appellant.

Court of Appeals of Minnesota.

July 31, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert F. Carolan, Dakota County Atty., Mark Nathan Lystig, Asst. County Atty., Hastings, for respondent.

Joseph S. Friedberg, Chartered, Robert G. Malone, Minneapolis, for appellant.

Considered and decided by WOZNIAK, P.J., POPOVICH, C.J., and SEDGWICK, J., with oral argument waived.

OPINION

WOZNIAK, Judge.

This is a pretrial appeal by the defendant, James Russell McAlpine, from an order denying his motion to dismiss a complaint charging him with possession of a controlled substance and possession with intent to sell, in violation of Minn.Stat. § 152.09 (1982). Defendant contends that his previous acquittal of the charge of conspiracy to commit theft bars this prosecution under constitutional and statutory provisions against double...

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