DocketNumber: No. A-18048
Citation Numbers: 510 P.2d 703
Filed Date: 5/21/1973
Status: Precedential
Modified Date: 1/2/2022
OPINION
Appellee, William Eugene Eaton, hereinafter referred to as defendant, was tried with co-defendant Harold Arthur Anderson by a jury in the District Court of Cleveland
We do not deem it necessary to recite the statement of facts as the same were set forth in detail in Anderson v. State, Okl.Cr., 510 P.2d 700 (1973). The State asserts that the trial court abused its discretion by dismissing the case and discharging the jury. For the reasons set forth in Anderson, supra, we are of the opinion that this proposition is well taken.
The State appealed this case on Reserve Question of Law. The trial court rendered its judgment of dismissal. Such judgment is final and the defendant may not now be subjected to further prosecution in this case. See State v. Waldrep, 80 Okl.Cr. 230, 158 P.2d 368 (1945); Belveal v. Rambo, Okl.Cr., 487 P.2d 714 (1971), and United States v. Jorn, 400 U.S. 470, 91 S.Ct. 547, 27 L.Ed.2d 543 (1970).