People v. Lowell

The issue presented in this case is whether the State is free to proceed on a criminal complaint where it has filed a subsequent information based upon the same conduct, charging the same offense, and the information has been dismissed on the defendant’s motion.

The procedural background of this case, which gives rise to this issue, is as follows: On February 9, 1976, a complaint was filed charging the defendant with the unlawful use of weapons. On May 3, 1977, a two-count information was filed against the defendant. The first count charged the defendant with possession of a controlled…