Singleton v. Sheriff

OPINION

By the Court,

Batjer, J.:

A criminal complaint was filed charging the appellant with felony murder in count 1; open murder in count 2; and robbery in count 3. Prior to the introduction of evidence at the *591preliminary examination, the state moved to dismiss two counts of the complaint.

The prosecutor stated his motion in the following words: “We would, therefore, move at this time that count 2, charging a felony murder, and count 3, charging robbery, be dismissed.”

After the state had concluded its presentation of evidence and the appellant, through his counsel, indicated that he would not…