Appeal from the District Court of LaMoure County, Southeast Judicial District, the Honorable Daniel D. Narum, Judge.
Kimberly J. Radermacher, Assistant State's Attorney, LaMoure, ND, for plaintiff and appellant.
Andrew D. Cook (argued) and Robert G. Hoy (on brief), West Fargo, ND, for defendant and appellee.
Carol Ronning Kapsner, Lisa Fair McEvers, Dale V. Sandstrom, Gerald W. VandeWalle, C.J. In concur in the result. Daniel J. Crothers. Opinion of the Court by Kapsner, Justice.
Carol Ronning Kapsner, Justice.
[¶1] The State appeals from a district court judgment of acquittal dismissing a criminal mischief charge against Taylor Weight. Because the district court's judgment of acquittal resulted in an acquittal when the district court ruled the State failed to produce evidence of Weight's guilt, we dismiss the State's appeal.
[¶2] The State filed an information charging Weight with insurance fraud, a class A felony, and criminal mischief, a class B felony, for allegedly setting fire to his parents' combine. At the preliminary hearing, the district court determined there was no probable cause to believe Weight committed insurance fraud, and that charge was dismissed without prejudice. At the October 2014 jury trial on the criminal mischief charge, Weight moved for judgment of acquittal at the close of the State's case. The district court orally granted Weight's motion, stating the State failed to meet its burden under N.D.C.C. § 29-21-14, and " as a matter of law," it " must dismiss the complaint." The court issued a " judgment of acquittal" on November 4, 2014, noting the State's evidence was " insufficient to sustain a conviction under N.D.C.C. § 29-21-14."
[¶3] On appeal, the State argues the district court erred in granting Weight's motion for judgment of acquittal because there was sufficient evidence to sustain a conviction.
[¶4] Weight argues the judgment is not appealable, and even if it is, the appeal must be dismissed because the State cannot retry the matter under the Double Jeopardy Clause.
[¶5] The State argues the district court erred in granting Weight's motion for judgment of acquittal and determining, as a matter of law, there was no corroborating evidence tending to connect Weight with the commission of the ...