State v. Shepherd

The sole issue presented for our decision is whether the action of the circuit court in dismissing the instant criminal prosecution with prejudice constituted an abuse of discretion.

The state appeals from an order of the trial judge, who on his own motion, dismissed with prejudice the ease against defendant. The state contends that under the circumstances of the case the circuit court abused its discretion in dismissing the case.

The essential facts are as follows:

Prosecution in this case was commenced in the district court where defendant was charged by a district attorney’s information with…