Thompson v. State

Marshall, Judge.

The defendant appeals from his conviction of misdemeanor theft by taking. Held:

1. The first enumeration of error is allowing the defendant to be tried on a new accusation, which was filed on the day of, but prior to, the trial, without the defendant’s having been (1) notified of the existence of the new accusation, (2) given notice of arraignment, or (3) arraigned on the new accusation. Related to this is the third enumerated error, viz., allowing the solicitor to nolle prosequi the original accusation (on which the defendant had been arraigned) without an examination of the…