State v. Noll

Two cases are consolidated on appeal. They present a single issue: Pursuant to JCrR 4.11, does an appeal by the State of a district court dismissal for insufficiency of the evidence at the close of the State's case violate the defendant's double jeopardy rights?

The following facts are taken from a stipulated report of proceedings. Klaus D. Noll was charged with petit larceny of gasoline from a self-service station. At trial the State presented its case through an employee of the service station who testified that she saw Mr. Noll place the pump hose in his auto's gasoline tank, and that when…