State v. Young

LUMPKIN, Presiding Judge,

specially concurring:

I concur in the Order of the Court. I write specially only to elaborate on why the State cannot further prosecute this particular action.

Rowell v. Smith, 534 P.2d 689 (Okl.Cr.1975), cited as authority for this bar, comes from a long line of cases making it clear further prosecution is barred, not because of any Jeopardy considerations, but because of statutory ones. The sustaining of a Demurrer to the indictment or information constitutes a statutory bar to another prosecution for the same offense unless it appears of record that the trial court…