State v. Hubbell

Citations

• 18 Wash. 482
• 51 P. 1039
• 1898 Wash. LEXIS 582

Syllabus

<p>CRIMINAL LAW — DISCHARGE OF ACCUSED ON MOTION — APPEAL BY STATE — ONCE IN JEOPARDY.</p> <p>An order of the court in a criminal prosecution withdrawing the case from the jury at the close of the state’s case, and discharging the defendant, is a judgment on the merits of the case, and is not appealable by the state, under Laws 1893, p. 120, § 1, subd. 7 (Bal. Code, § 6500), which provides that an appeal shall not be allowed to the state in any criminal action except for some material error in law not affecting the acquittal of a prisoner on the merits.</p> <p>A defendant has been once in jeopardy and cannot be tried again for the same offense, when he has been arraigned upon an information sufficiently charging the crime of which he is accused, a lawful jury has been impaneled and sworn, and a court of competent jurisdiction has ordered the discharge of the accused at the close of the case made by the state.</p>