State v. Eakins

This is an attempted appeal by the State of a reserved question of law under the authority of IC 1971, 35-1-47-2 (Burns Code Ed.). Defendant-appellee Eakins has challenged our jurisdiction and asked that the appeal be dismissed.

Eakins was charged in the Hendricks Circuit Court with the offense of escape from lawful detention. On April 10, 1975, Eakins entered a plea of not guilty, and the case was set for trial by jury to commence on May 5, 1975. Shortly before the trial date, on May 2, 1975, the trial court granted Eakins’ motion to withdraw his plea of not guilty. Eakins then entered his…