State v. Ellis

Defendant appeals from a conviction of the offense of hindering prosecution for which he was fined $300.

Defendant was originally indicted for burglary but at the time set for trial the district attorney moved to dismiss the indictment in order to include more charges in a subsequent indictment: “* * * According to the recent Supreme Court case, this must be all done in the same indictment. I refer to State v. Brown. * * *” ① The court thereupon dismissed the burglary indictment “with prejudice.” Defendant was then re-indicted on three counts: I, Burglary; II, Theft by receiving; and III,…