Posted on 04/23/2013 11:18:52 AM PDT by LucianOfSamasota
It's not an "acquittal" by the jury, but legally it has the same effect. If a judge dismisses a charge before trial, the prosecution can appeal. If, as here, the judge and the jury hear the evidence and then the judge dismisses the charge before the jury gets the case, it is legally considered an "acquittal" in that the prosecution cannot appeal and the defendant cannot be re-tried on that charge.
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