Armstrong v. State

Smith, Presiding Judge.

Patrick Armstrong appeals the denial of his plea of former jeopardy. He contends that his indictment is barred by an earlier trial because a jury was impaneled and sworn before the prosecution was dismissed. We disagree because the trial court lacked jurisdiction in the absence of an indictment and therefore affirm.

The record shows that Armstrong was charged by accusation with two counts of terroristic threats and acts and two counts of aggravated stalking. The case came on for trial in the superior court, and Armstrong’s counsel announced that he was ready to proceed.…