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To: catman67
You can’t appeal if the defendant is found not guilty.

True. Buy having a case dismissed is not the same as being aquitted.

Double jeopardy only applies (and there are cases where even then it doesn't) if the defendant has been charged, tried and aquitted by a jury.

13 posted on 03/07/2012 8:17:42 AM PST by Bloody Sam Roberts (Liberty is in danger. We are the generation. This is our role. Now is the time. Defend Freedom!)
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To: Bloody Sam Roberts
Double jeopardy only applies (and there are cases where even then it doesn't) if the defendant has been charged, tried and aquitted by a jury.

It is not that simple. Double Jeopardy also applies to an acquittal by a judge, and dismissals, or mistrials, for certain causes, such as misconduct by the police, or prosecutor.

We would need to know what actually happened. Since the Judge took the time to berate the complaining witness, it sounds like there was a trial before the judge, and an acquittal.

14 posted on 03/07/2012 8:27:12 AM PST by Pilsner
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