People v. Overstreet

Can the State file a criminal information, lose at the preliminary hearing, and then refile the same information and proceed to another preliminary hearing?

Yes — absent harassment.

Overstreet was charged by information with possession of between 30 and 500 grams of cannabis. At a November 11,1976, preliminary hearing the State failed to present evidence as to the amount of cannabis possessed by Overstreet. The trial judge denied leave to the State to reopen its case and dismissed the information for a lack of probable cause.

A new State’s Attorney then took office and refiled the information on…