City of Dickinson v. Kraft

I agree that the trial court resolved a factual element of the charged crime in favor of Kraft and that the result of that resolution is not appealable. I do not necessarily agree that the trial court was correct in its ruling1 but that is an issue which we need not consider for, as the majority notes, “[ajcquittal by the trial court for lack of evidence also bars retrial, even when that acquittal is based on erroneous evidentiary rulings.” I therefore concur in the result.

ERICKSTAD, C.J., concurs.. State’s exhibit one was admitted without objection as to its relevancy or materiality. Unless…