McINTYRE v. TRICKEY

No. 89-2700.

938 F.2d 899 (1991)

Terry D. McINTYRE, Appellant, v. Myrna TRICKEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 15, 1991.

Rehearing and Rehearing Denied August 30, 1991.


Attorney(s) appearing for the Case

John L. Davidson, St. Louis, Mo., for appellant.

Stephen D. Hawke, Jefferson City, Mo., for appellee.

Before McMILLIAN, JOHN R. GIBSON, and BOWMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 30, 1991.

JOHN R. GIBSON, Circuit Judge.

Terry B. McIntyre appeals from the district court's denial of his petition for writ of habeas corpus based on a claim of double jeopardy. McIntyre argues that the government, to establish essential elements in his prosecution for stealing, proved conduct that constituted an offense, first degree tampering, for which he had earlier...

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