State v. Shorney

OPINION

BUSSEY, Judge:

The State of Oklahoma, by and through the District Attorney for the Seventh Judicial District, presents this appeal upon a reserved question of law, pursuant to 22 O.S. 1971 § 1053(3). Blair Angus Shorney was charged with the misdemeanor offense of Possession of Marihuana, his Motion to Suppress the purported marihuana seized from his vehicle was sustained and he was acquitted on the charge. From these adverse rulings, the State has appealed to this Court challenging the conclusions of law made by the trial judge. The State concedes that jeopardy has attached and that…