State v. Tollison

McMurray, Presiding Judge.

The defendant was charged by accusation with three counts of simple battery. On November 16, 1984, the defendant waived formal arraignment and acknowledged receipt of the accusation. The defendant pleaded not guilty to all three counts of the accusation and announced “ready” for trial on March 25, 1985. After a jury was empaneled and prior to presentation of evidence, the defendant orally moved that Counts 2 and 3 of the accusation be dismissed on the grounds that both counts failed to allege the time and place of occurrence of the offenses charged. The record shows…