State v. Maurer

The State appeals dismissal without prejudice of second degree assault charges filed against both parents of two child victims. The trial court granted defendant's motion to dismiss having concluded that, as a matter of law, the facts set forth in the State's bill of particulars were insufficient to establish an assault as charged. We reverse and, answering the State's assignments of error, we hold:

1. That a trial court has inherent power to dismiss criminal charges before trial without prejudice if, but only if, it is clear on the State's pleadings that the State cannot make a factual issue…