State v. Mitchell

This is an appeal from a circuit court order granting a motion to set aside an “amended” indictment charging defendant with sale of marihuana.

Defendant was indicted by the Colximbia County grand jury on March 1, 1971, for unlawful sale of marihuana. The case resulted in a mistrial because the jury was unable to reach a verdict. A subsequent grand jury, at the instance of the district attorney, returned an “amended” indictment which differed from that of March 1 only as to the date of the alleged crime. ① Defendant was arraigned.

Before entering a plea he moved to set aside the “amended”…