State v. McClelland

(dissenting) — The only issue here on appeal is whether the trial judge, having initially acquitted the defendant in open court, can change his mind and find him guilty minutes later without violating the double jeopardy clauses of our state and federal constitutions.

At the initial trial, the defendant was convicted of grand larceny, but his conviction was set aside after the trial court granted his motion to suppress evidence. At the conclusion of the second trial, tried on a stipulated record, the court and counsel engaged in extensive discussion of whether the evidence in the stipulation…