State v. Mayor

NESBITT, Judge.

The state appeals from an order which dismissed its second information filed against appellee on the ground that the prosecution thereon was barred by the defense of former jeopardy.

Appellee, defendant below, was charged by an information filed January 25, 1979, with one count of carrying a concealed firearm, and one count of unlawful possession of a firearm by a convicted felon. Thereafter, on motion of the defendant, a statement of particulars was filed in which it was mistakenly alleged that each offense occurred at 2 p. m. on January 11, 1979. At trial, the testimony…