STATE v. LARGE

No. C8-99-566.

607 N.W.2d 774 (2000)

STATE of Minnesota, Respondent, v. James Edward LARGE, petitioner, Appellant.

Supreme Court of Minnesota.

March 16, 2000.


Attorney(s) appearing for the Case

Michael F. Cromett, McMahon Cromett Criminal Defense P.L.L.P., Roseville, for appellant.

Mike Hatch, Minnesota Attorney General, Catherine Keane, Assistant Attorney General, Saint Paul, Earl E. Maus, Cass County Attorney, Walker, for respondent.

Heard, considered, and decided by the court en banc.


OPINION

GILBERT, Justice.

A jury acquitted appellant James Edward Large on three of four counts of criminal sexual conduct and deadlocked on the fourth count relating to "multiple acts" of criminal sexual conduct. We must decide whether the state may appeal the trial court's dismissal of the fourth count. The court of appeals held that the case was dismissed solely on a question of law and that dismissal would constitute a constitutional impediment to reissuance...

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