Krutka v. Spinuzzi

For a number of compelling reasons I cannot concur with the opinion of the Court. These reasons persuade me that Spinuzzi has never been in jeopardy. Believing they have validity and strength, I particularize them, and urge that these reasons require a different result *128in this case than the one issuing from the majority opinion.

1. Spinuzzi has not been placed in jeopardy as that concept receives scope and definition in Sec. 18, Art. II of the Constitution of this state.

Originally the trial court determined the evidence to be insufficient to permit submission to the jury of the charge of…