Townsend v. State

I respectfully dissent from the majority opinion. In the first place, the opinion of the Court of Appeals, reported at 616 N.E.2d 47, is correct. In the case at bar, the charging information was defective in that it was duplicitous. However, as pointed out by the Court of Appeals and the majority opinion, the faulty information was not challenged by a motion to dismiss by appellant. Had such a motion been made, the trial court would have been correct in dismissing the charge or in sustaining a motion to quash the information. If such a motion had been sustained, the State would have had the…