Winkle v. State

Tom Glaze, Justice.

This interlocutory appeal considers whether the Double Jeopardy Clause bars the State from prosecuting a defendant for statutory rape after he has been acquitted by a federal jury of transporting a female under the age of eighteen across state fines with the intent to engage in criminal sexual activity. This court has frequently noted that an order denying a motion to dismiss based upon double-jeopardy considerations is an appealable decision. See, e.g., Zawodniak v. State, 339 Ark. 66, 3 S.W.3d 292 (1999); Sherman v. State, 326 Ark. 153, 931 S.W.2d 417 (1996) (citing Abney…