State v. Cooperman

Banke, Judge.

The state appeals the dismissal of its accusations and the judgments of acquittal entered by the trial judge.

The defendants in these companion cases were charged with being in an intoxicated condition. The affidavits, made by two assistant solicitors based on the arresting officer’s report, incorrectly stated that the intoxicáted condition was manifested by indecent condition. The cases were announced for trial and both sides announced ready. However, before issue was joined, the assistant solicitor trying the cases asked the judge to dead docket the cases so that new accusations…