State v. DeVille

The state seeks review of a pretrial order dated September 17, 1971, entered in a criminal prosecution. The order denied the state’s motion to vacate a prior oral order of the court, (entered in a proceeding upon an earlier information as to which the state had announced a nolle prosequi), which order excluded the testimony of Juan Vichot, the alleged victim.

The first information in which appellee Luis Jose DeVille was a defendant was dismissed on June 4, 1970; no appeal was taken. A second information, charging essentially the same crimes, was filed under the same case number as the original…