State v. Second Judicial District Court

OPINION

By the Court,

Collins, C. J.:

Petitioner seeks review by writ of certiorari of an order of the lower court dismissing a felony burglary charge against Robert James Bernardelli. We conclude the application should be treated as an appeal, reverse the lower court’s ruling and remand the case for further proceedings.

Petitioner sought and we improvidently granted a writ of certiorari, to review the action of the lower court in dismissing, of its own motion, a felony burglary charge.

Robert James Bernardelli, “one of five of the best gunsmiths west of the Rocky Mountains,” worked for…