People v. Waggoner

This is an appeal by the People from a judgment of acquittal entered by the District Court of Las Animas County after trial to a jury resulted in the jury’s being discharged without reaching a verdict. The constitutional provision on double jeopardy prohibits a retrial of the defendants under the circumstances. The greatest relief we can grant the People is to disapprove the judgment entered by the trial judge, and we grant that relief.1

Defendants Kent and Dennis Waggoner and Max Yocam were charged under section 18-3-203(l)(c), C.R.S. 1973, with assault on a peace officer. Evidence presented…