State v. Lee

On Petition for Rehearing

Lybrook, J.

Since our original opinion in this matter, 47 Ind. Dec. 257, 328 N.E.2d 745, Lee has filed (1) a motion to dismiss alleging lack of jurisdiction, and (2) a petition for rehearing alleging lack of jurisdiction and that our holding contravened a ruling precedent of the Supreme Court.

Relying upon IC 1971, 35-1-47-2, Ind. Ann. Stat. § 9-2304 (Burns Supp. 1974), Lee maintains that jurisdiction of State’s appeal from his acquittal lies solely with the Supreme Court:

“9-2304 IC 35-1-47-2. Appeal by state.—Appeals to the Supreme Court may be taken by the state in…