Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Robert J. Cormier, Defendant-Appellant

March 21, 196646 N.J. 494

Summary

The New Jersey Supreme Court reversed Cormier's conviction for fraudulently obtaining a loan because the earlier acquittal on the conspiracy charge resolved the essential factual issue, invoking collateral estoppel. The court held that double jeopardy does not bar the subsequent prosecution since conspiracy and the substantive offense are separate crimes, but the prior jury verdict precludes relitigation of the factual dispute.