State v. Carney

This is an appeal from the district court for Colfax County from a jury verdict finding the defendant guilty of taking and exercising control over movable property, a Class IV felony. Defendant’s motion for a new trial was denied, and she appeals, alleging a double jeopardy violation. She assigns as error the district court’s decision to allow the prosecution to set aside its rest and produce additional evidence after sustaining the defendant’s motion to dismiss and motion to acquit.

The defendant was charged with the theft of two items of jewelry from a couple for whom she babysat. She was…