State v. Bigler

OPINION

HENDLEY, Judge.

The State appeals the trial court’s dismissal, without prejudice, of a two-count indictment for distribution of over 100 pounds of marijuana. The grounds for the dismissal were a sixty-five second blank in a recording of the grand jury proceedings upon which the indictment was based. The silence occurred at the beginning of the testimony of a witness, Rowland. The bailiff testified that the foreman had given the oath to Rowland. 1 He also testified that the void in the tape was due to trouble “with the jack on the mixer.” Rowland’s entire testimony was six minutes in…