State v. Litz

Johnson, Judge.

After a preliminary hearing, the magistrate court ordered that the arrest warrant for Robert Litz on a charge of simple battery against his wife be dismissed. Thereafter, the State filed a simple battery accusation against Litz based on the same charge. The trial court dismissed the accusation, finding that because the arrest warrant for Litz was dismissed by the magistrate court “there was no warrant upon which to base the accusation . . . any accusation drawn on a warrant that has been dismissed is invalid.” The State appeals, arguing that the trial court erred in dismissing…