State v. Gieffels

OPINION

ERWIN, Justice.

In this appeal we are presented with the question of whether the trial court properly dismissed the indictment brought against appellee Timothy Gieffels.1

On July 23, 1975, Gieffels was indicted for first degree murder and armed robbery. In a subsequent indictment dated August 23, 1975, Gieffels was charged on the alternative theory of felony murder. On February 2, 1976, the trial court dismissed both indictments due to prosecutor-ial omissions of exculpatory evidence regarding the calibre of the weapon with which the deceased was killed.2 After this dismissal the trial…