State v. Overson

CALLISTER, Chief Justice:

The State appeals from an order of the trial court granting defendants’ motion to dismiss. Defendants were brought to trial, before a jury, upon an information charging them with the crime of burglary in the second degree.

During the course of the trial, while the prosecution was questioning its second witness, defense counsel asserted an objection to testimony concerning purported admissions of the defendants. The court granted a recess, and counsel argued the matter out of the presence of the jury. The prosecutor represented to the court that his only evidence to…