State v. Clason

Hannon, Judge.

The defendants, Jim L. and Lee A. Clason, were separately charged in Furnas County, Nebraska, with conspiracy to distribute methamphetamine. The defendants were tried together, and at the close of the State’s evidence, the trial court granted the defendants’ motion to dismiss. The State appeals under Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 1994). The defendants in this proceeding have already been placed in jeopardy, and their acquittal in the prior proceeding cannot be reversed. The issues raised in this appeal are the sufficiency of the evidence and whether the Wharton Rule…