State v. Nelson

This is an appeal by the state from the granting of a motion to dismiss an indictment for robbery filed against the appellees, Thelma Nelson and Michael Wilson.

In dismissing the indictment, the court made no findings of fact and did not state its reasons for granting the dismissal. The appellant’s first assignment of error is that the Court of Common Pleas erred in dismissing the indictment without stating on the record the court’s findings of fact and reasons for the dismissal.

Criminal Rule 48(B) provides that if a court dismisses an indictment over objection of the state the court “shall…