State v. Koehler

OPINION

EASLEY, Chief Justice.

The Attorney General (AG) obtained a multicount indictment against the appellee, William R. Koehler, charging him with embezzlement and securities law violations. The trial court dismissed the indictment without prejudice. The AG appealed to the Court of Appeals. Koehler cross-appealed. The AG moved to certify the appeal to this Court. The motion was granted. We reverse the trial court, reinstate the indictment and dismiss the cross-appeal.

The questions presented are: (1) whether the District Attorney (DA) failed or refused to prosecute this case; and (2) whether…