This appeal raises issues of whether either our rules or common law prohibit the issuance of a criminal complaint while an indictment for the same offense, which is subsequently held invalid, is pending. The court of appeals reversed the trial court's dismissal of the complaints and ruled that complaints issued under such circumstances were valid. State v. Dwire, 401 N.W.2d 124 (Minn.App. 1987). We affirm the result reached by the appeals court but analyze the issues differently.