State v. Sandman

CROCKETT, Justice.

James P. Sandman was charged by information with the crime of resisting a public officer in the discharge of his official duties. After the jury was impaneled and sworn and the district attorney made his opening statement, counsel for defendant interposed a motion to dismiss. The motion was granted upon the ground that the information, * supplemented by the opening statement and an offer of proof by the state, failed to make out a public offense.

The state has appealed as permitted by statute 1 to test the propriety of such ruling.

The bill of particulars and the offer of…