State v. Grimmage

FRANK, Judge.

The appellee, Grimmage, was charged with burglary of a dwelling, grand theft and, subsequently, with felonious possession of a firearm. He pleaded not guilty and moved to dismiss both cases; the state demurred. Following a hearing the trial court granted the motion to dismiss. We reverse.

In his motion to dismiss Grimmage admitted that he sold a gun to a pawn shop five days after the gun had been reported stolen from a home located .15 miles from his home. The sale price was considerably less than the gun’s market value. He ex*524plained that he had received the gun from an…