State v. Benales

On June 6, 1958 an information was filed in district court against the defendant charging him with the crime of grand larceny. Proceedings were commenced against him before a justice of the peace on November 29, 1958 charging him with the same crime of grand larceny and in addition with being an habitual criminal. Upon the motion of the county and prosecuting attorney, the original information was dismissed on December 1, 1958 in order that the state might proceed with its election to prosecute for the crime of grand larceny and in addition to declare under the habitual criminal act.

A new…