Smith v. State

The majority reverses the judgment of the Court of Appeals in this case, concluding that, by entering the nolle prosequi, the trial court committed reversible error which was not induced by Smith. In *400my opinion, the trial court did not err and, even assuming that it did, any error was induced by Smith. Therefore, I dissent.

As the majority acknowledges, the existence of error vel non depends upon whether the amended accusation in this case was a superseding charging instrument. A superseding charging instrument has been defined as one which formally alleges that the defendant committed a…