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"It's fairly evident that the jury felt the state didn't prove its case," Cowart said.
Perez had been accused of spitting on Burnet Police Chief Paul Nelson's hamburger while preparing the food at the now-closed Andy's Landing restaurant in Burnet. He also allegedly put the vegetables from the burger in his mouth and rubbed the bun on his body.
Prosecutors said Nelson did not find out about the accusations until days after October 2008 incident.
"We had no physical evidence because (Chief) Paul Nelson ate it," Greer said.