People v. Lichtenstein

ROVIRA, Justice.

This original proceeding was commenced after the respondent district court denied a motion by the People to dismiss one of three counts against the defendant, Scott D. Ferguson. The People then filed a petition for relief in the nature of prohibition and for an immediate stay of proceedings, asking this court to reverse the district court’s denial of dismissal. We issued a rule to show cause and now make the rule absolute.

The defendant was charged by information with three crimes. Count one was assault in the first degree, 1 a class 3 felony; count two was menacing, 2 a class…