State v. Huggins

SHEPARD, Justice.

This is an appeal by the State from a Court of Appeals decision affirming a judgment of acquittal of a defendant charged with assault with intent to rape. 1 The sole issue is whether, under the circumstances of the instant case, the State bears the burden of proving the absence of a marriage status between the victim and the defendant. We granted review since the question is one of first impression in Idaho under our present statutes. We reverse but note that the Court of Appeals held that the State is barred under double jeopardy principles from retrying the defendant, and,…