State v. Romero

HENRIOD, Justice.

*211Appeal from an automobile homicide1 conviction. Affirmed.

Defendant originally was charged with negligent homicide.2 After a preliminary hearing, the charge was dismissed and defendant was charged, tried, and convicted of the more serious offense of automobile homicide.

Defendant urges that 1) he was twice in jeopardy by being tried after the dismissal' of the lesser charge (which he wasn’t) ;3 2) that dismissal of the lesser misdemeanor barred any prosecution under the greater felony charge, which contention we reject, interpreting Title 77-51-6, U.C.A. as meaning just the…