State v. Palmer

This is an appeal by the state from an order of the Circuit Court of Pike County dismissing an indictment.

On September 26, 1985, an indictment was returned in Pike County Circuit Court against the appellee, Harry Palmer, charging him with theft of property in the first degree. On October 14, 1986, a preliminary hearing was held, at which the state failed to produce any witnesses and/or evidence. Palmer's attorney's motion to dismiss the case and the indictment was granted. On January 28, 1987, a second indictment, identical to the first, was returned, and Palmer was arraigned on May 13, 1987.…