State v. Witherspoon

PEARSON, Judge.

The State appeals an order discharging the defendant upon the ground of double jeopardy. It appears that the defendant was brought to trial and the defendant’s motion for judgment of acquittal was granted upon the ground that the State’s proof departed from the bill of particulars in specifying an incorrect time of day for the offense. Thereafter, a new information was filed specifying a period of time for the offense which included the time first specified but broadening the range to include the time testified to by the State’s witnesses. The trial court granted defendant’s…