State v. Huggins

SWANSTROM, Judge.

Orval Edward Huggins, Jr. was on trial for assault with intent to commit rape. At the close of the state’s case Huggins moved to dismiss, urging, as one of his grounds, that the information failed to allege that Huggins and the complainant were not married at the time of the alleged assault. On the ground that the state failed to prove absence of marriage, the trial court granted the motion and the state moved, unsuccessfully, to reopen its case. The state appealed the order dismissing the information. We affirm the order.

Initially, in its brief, the state raised three…