Dunklin v. State

LEIGH M. CLARK, Retired Circuit Judge.

The prosecution of this case in the trial court had an ill-starred beginning. We are called upon by the only issue presented on appeal to determine whether its end can be lawfully saved from the disaster that its commencement seemed to augur.

The case commenced in the trial court by two indictments returned against this ap*9pellant on the same day for the same crime, the crime of theft in the second degree. One indictment charged in pertinent part:

“... Phillip Dunklin ... did knowingly obtain or exert unauthorized control over, to wit: 1 stereo component…