State v. Young

WATHEN, Justice.

The State appeals from the Superior Court (Oxford County) pretrial dismissal of *187the indictment against defendant for Class B Theft, 17-A M.R.S.A. §§ 353, 362(2)(A) (1983). The State contends that the Superi- or Court’s authority to dismiss a criminal prosecution under 15 M.R.S.A. § 891 (Supp. 1983-1984) is limited to prosecutions involving Class D and Class E crimes. We agree and therefore we vacate the dismissal entered by the Superior Court.

Maine law permits a presiding justice to dismiss certain criminal prosecutions without the acquiescence of the prosecuting attorney. 15…