People v. Byrnes

I am unable to concur in the disposition of this cause, although in accord with the holding that the admitted evidence was within the statute. The .order “disapproving” should be “Judgment Reversed.” The “disapproval” is clearly intended as a conclusion, or intimation, that some question of jeopardy is before us. Such is not, and could not be, the fact. That question could only arise when, if ever, the state attempted to retry the defendant. Moreover, since we are merely advising and not deciding I insist we should finish the task. Any careful reading of section 49, chapter 2, page 79, S.L.…