State v. Harner

HUNTER, Justice.

This is an appeal by the state on a reserved question of law pursuant to Ind.Code § 35-1-47-2(4) (Burns 1982 Supp.) The defendant was acquitted of murder by a jury on December 22, 1981. The state now asks us to review the following two issues: whether the court erred in refusing to give two of the state's tendered instructions on lesser included offenses; and whether the defendant may be retried.

There are several well-settled principles which govern this case. The right of the state to appeal from criminal proceedings is strictly limited to authorization by statute. State v.…