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PEOPLE v. McCARTNEY

Docket No. 69321.

132 Mich. App. 547 (1984)

348 N.W.2d 692

PEOPLE v. McCARTNEY

Michigan Court of Appeals.

Decided March 5, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Nathan T. Fairchild, Prosecuting Attorney, for the people.

Baker, Durst, Marr & Nelson (by William S. Kenyon), for defendant on appeal.

Before: DANHOF, C.J., and BRONSON and W.R. PETERSON, JJ.

W.R. PETERSON, J.

Appellant, charged with embezzlement by a trustee of a sum in excess of one hundred dollars, MCL 750.174; MSA 28.371, appeals by leave granted from the circuit court's denial of her motion to dismiss. The motion challenged the prosecution as violative of the Double Jeopardy Clauses of the United States1 and Michigan2 Constitutions. The prior jeopardy to which appellant refers was a contempt...

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