Loza v. State

3 Citing cases

  1. Loza v. State

    263 Ind. 124 (Ind. 1975)   Cited 39 times

    Theodore L. Sendak, Attorney General, Robert E. Dwyer, Deputy Attorney General, for appellee. REPORTER'S NOTE: The opinion of the Court of Appeals reported at 316 N.E.2d 678 is vacated pursuant to Ind. R. Ap. P. 11 (B) (3). ON PETITION TO TRANSFER

  2. State v. Daniels

    531 S.W.2d 795 (Tenn. Crim. App. 1975)   Cited 14 times
    Holding that jeopardy attaches "after the witnesses are sworn, whether they be sworn singly or in a group"

    "It is elementary under both the Indiana and Federal Constitutions and cases that jeopardy attaches when a criminal trial commences before a judge or jury and this point has arrived when a jury has been selected and sworn even though no evidence has been taken." While the Crim case involved a jury trial situation, it laid the foundation for a subsequent Indiana case, Loza v. State, Ind. App., 316 N.E.2d 678, 681 (1974), which stated that jeopardy attaches in a trial to the court "when the trial has commenced, i.e., when the first witness is sworn." California is another state which follows the rule that jeopardy attaches in a bench trial when the first witness is sworn.

  3. Woods v. State

    162 Ind. App. 316 (Ind. Ct. App. 1974)   Cited 13 times

    It is a concept which exists because common sense [2] and justice, as well as the statutory law [IC 35-13-10-1, Ind. Ann. Stat. ยง 9-2412 (Burns Supp. 1974)] dictate that one may defend himself from harm; but it is a concept which does not crystallize until the evidence has been developed during trial. Compare Loza v. State (1974), Ind. App., 316 N.E.2d 678. This is perhaps demonstrated by the following portion of Jennings v. State, supra: