State v. Turner

OPINION

SEARS, Justice.

The State appeals from the dismissal of an indictment. On April 14, 1992, Appellee was indicted for theft of money, on or about August 29, 1987, from Preferred Risk. On January 11, 1993, the State reindicted the Appellee, alleging theft, on or about August 29, 1987, from John Beury. The second indictment did not contain an allegation contending the tolling of limitations. On January 13, 1993, the original indictment was dismissed on a motion by the State. Trial on the second indictment was set for March 8, 1993.

On the day of trial, Appellee moved to dismiss the…