People v. Hunt

Cleotha Hunt was arrested on September 10, 1972, and charged with theft. The complaint filed against him alleged the theft of property having a value less than $150, but it also alleged, “Felony: prior convictions for petty theft.” At the preliminary hearing, which was not held until November 14,1972, the court found probable cause and Hunt was bound over to the grand jury. The grand jury returned an indictment charging him — upon the same set of facts — with burglary from a motor vehicle and theft of property having a value greater than $150.

Hunt filed a motion to dismiss the indictment on…