Stinson v. State

OPINION

GALBREATH, Judge.

This case is before us on a motion to dismiss the appeal which in turn is predicated on the action of the trial judge in overruling a motion for an acquittal and/or a dismissal of the State’s case. The undisputed facts upon which the trial judge’s allegedly erroneous action was based are as follows: the defendant, Dr. Robert Eugene Stinson, is presently free on bond after two trials by jury ended in mistrials due to the inability of the juries to agree, and a third trial which, by consent of both defendant and State, ended in a mistrial. After the third trial aborted,…