Owens v. State

I concur in the majority’s disposition of appellant’s first two assignments of error. I dissent and write separately concerning appellant’s third assignment of error. The majority states, “The third assignment, where he alleges that the information was defective, is raised for the first time on appeal and is waived.” This is an inaccurate statement of the facts and the law.

First, appellant raised the issue of a defective information at trial and demurred to the information. (Tr. of Nov. 21, 1985 at 2-4). Thus, appellant squarely presented the issue to the trial court. Therefore, the issue is…