OPINION OF THE COURT BY MIZUHA, J.
Defendant-appellant Charles Kahale Hassard, Jr. was first indicted on April 4, 1960, for carnal abuse of a female under twelve. R.L.H. 1955, § 309-20. Upon objection that defendant's wife was called to testify before the grand jury, a nolle prosequi was filed. On June 9, 1960, the defendant was reindicted for the same offense. On June 22, 1960, defendant filed a "Motion to Discharge and Dismiss Defendant" averring that he had...
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