After evidence which proves the husband did not murder his wife is produced in court, the husband's attorney asks the Judge to dismiss the case. The 5th Amendment to the Constitution states "... nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ...". This prevents a person from being tried again for the same offence after being found not guilty. A dismissal is not a determination of not guilty. Even if the Judge entered a finding of not guilty, the husband could be tried again for a different offence - that of conspiracy to commit the murder of his wife.