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STATE v. McALEAR

No. 18539.

519 N.W.2d 596 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Thomas Andrew McALEAR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 13, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Ann C. Meyer, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Patricia C. Riepel, Minnehaha County Public Defender's Office, Sioux Falls, for defendant and appellant.

SABERS, Justice.

This is an intermediate appeal in which Defendant claims a violation of the prohibition against double jeopardy contained in the Fifth Amendment of the United States Constitution. We agree that jeopardy attached and reverse and remand with directions.

FACTS/PROCEDURAL HISTORY

On August 19, 1993, a Minnehaha County Grand Jury returned a two count indictment (aggravated assault and kidnapping) against Thomas McAlear. After negotiations...

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