State v. Newfield
In State v. Newfield, 161 Ariz. 470, 778 P.2d 1366, 1367 (Ariz. Ct. App. 1989), petitions for review denied, the Court of Appeals of Arizona held that the trial court had not violated double jeopardy when it initially indicated it would grant a judgment of acquittal, but, in the course of a continuing discussion, concluded that the judgment would be inappropriate.
The appellate court concluded that no verdict had been rendered:
The transcript indicates a continuing discussion between the court, the prosecutor, and defense counsel regarding Newfield's motion for judgment of acquittal. The trial court ultimately denied the motion. Id. at 1368.