SIMON v. NITZBERG

FORMER ADJUDICATION, § 12 — judgment in criminal prosecution as not res judicata of subsequent civil suit arising from same transaction. In civil action to recover amount due on check, where defendant contended that proceedings in criminal court based on same transaction, in which he was acquitted, was res judicata of issue raised, held that such contention was without merit for reason that parties and issues were not identical.

Opinion by PRESIDING JUSTICE MATCHETT.

Not to be published in full. Opinion filed January 7, 1946; rehearing denied January 21, 1946; released for publication January 21, 1946.