State v. McNeil

McCORD, Chief Judge.

This is an interlocutory appeal brought by the state from an order granting appel-lee’s motion to dismiss an information charging him with burglary of a structure. The ground for dismissal was double jeopardy. We affirm.

During appellee’s trial for burglary of a structure, the prosecutor, referring to the period immediately following the arrest, asked the arresting officer,

“Did he (appellee) make any statements to you? Did you attempt to question him at all?”

The officer answered,

“We advised him of his rights and he made no statements.”

At that point, defense counsel objected…