State v. Ambrose

MAUGHAN, Justice:

Defendant appeals from the denial by the district court of his motion to dismiss a charge of attempted homicide, claiming he has been once in jeopardy for this offense. We conclude defendant is correct, and order the district court to dismiss the charge against defendant. All statutory references are to Utah Code Ann., 1953, as amended.

Defendant was charged with attempted homicide 1 and the case was tried before a jury in the Fourth District Court for Utah County on May 22,1978. At 4:15 p. m. that day, the jury retired to deliberate. Subsequently, the bailiff indicated to the…