State v. Lewis

DeBRULER, Justice.

In February, 1980, appellee was tried to a jury on charges of performance of an unlawful abortion and attempted performance of an unlawful abortion. At the close of the State's evidence, the trial court granted appellee's motion for judgment on the evidence on the first count, but submitted the attempt count to the jury. The jury deadlocked, a mistrial was declared, and the jury was discharged on February 9, 1980. On February 18, 1980, the State filed a motion asking the court to set the case for retrial. A week later, appellee submitted a renewed motion for judgment on the…