State v. Brown

SCHEB, Chief Judge.

The state challenges the trial court’s dismissal of charges against appellee, James Brown, on the ground that he had twice been placed in jeopardy for the same offense.

The state charged appellee with aggravated assault and attempted sexual battery with a deadly weapon. The information and bill of particulars alleged that the two offenses occurred on or between December 26 and 27, 1979. However, the proof at trial established that the offenses occurred on December 24 and 25, 1979. Defense counsel moved for a judgment of acquittal on the basis of this variance, and the court…