State v. Herkleman

MOORE, Chief Justice.

State appeals trial court’s dismissal of three county attorney informations. It contends trial court erred in sustaining defendant’s “motion to quash” on the grounds that a prior dismissal of identical charges which was not pursued on appeal to this court operated as a bar to further prosecution. We affirm.

Defendant Herkleman, formerly water commissioner for the town of Carlisle, was charged with four separate indictable misdemeanors for accepting gratuities in violation of Code section 741.1. Trial court sustained defendant’s “motion to quash” and demurrer on the basis…