State v. Castellan

After being charged by information with second degree murder, appellee Castellan filed a sworn motion to dismiss. The gist of the motion was that the victim’s death was an accident, resulting from a struggle involving appellee, the victim, and the woman over whom the two men were fighting. As all three had possession of a pocketknife at some point in the altercation, it was unclear how or when the victim was stabbed. The state responded by filing a traverse which set forth, “The State neither admits nor denies the facts as alleged by the Defendant .... ” Although the state did deny a minor…