Wagner v. State

Since some of the issues and most of the confusion derive from the proposed substitute information, seeking to allege the commission of two offenses, not one, we will deal initially with that aspect of the proceedings in the trial court.

Rejection of substitute information. The proposed substitute information, alleging the commission of two separate offenses, was filed prior to the motion for its acceptance as an amended information. It was filed, therefore, without court approval. Discussion of the motion to substitute an information charging the defendant with the commission of two crimes,…