Smith v. State

The only issue in this case is whether, as a matter of law, arraignment and joinder of issue on an accusation relates to a nonsubstantive amendment thereto. If it does, then entering a nolle prosequi on the accusation and its amendment after a jury has been impaneled and sworn precludes retrial on the charges in the nolle prossed documents,8 and the denial of Smith’s plea in bar was error.

It is undisputed that Smith was arraigned on Accusation No. SU-01-CR-1437 and that issue was joined. It is also undisputed that, thereafter, the State made a single, nonsubstantive amendment to Accusation…