Eskridge v. State

*371Dissenting Opinion

DeBruler, J.

Appellant was convicted on this charge in a trial without jury. Pursuant to TR. 59A(4) appellant filed a motion to correct errors based solely on the insufficiency of the evidence to show the required intent and she requested a discharge. The trial court granted appellant’s motion to correct errors but instead of discharging her, he immediately set the case for re-trial in thirteen days. Appellant filed a motion to discharge on the ground that to try appellant for the same offense would constitute double jeopardy in violation of the Fifth and Fourteenth…