State v. Gallagher

The State of Washington has appealed an order dismissing a six-count information entered after the special assistant prosecutor concluded his opening statement to the jury at the commencement of trial. We affirm the order of dismissal with prejudice as to counts 2 through 6. The dismissal as to count 1 is affirmed in part and reversed in part.

Preliminarily, we deem it necessary to determine whether a trial court may dismiss a criminal information, valid on its face, at the conclusion of the prosecution’s opening remarks to the jury prior to the presentation of evidence. Federal courts appear…