REILLY, Chief Judge:
This is an appeal by the government from an order of a trial judge which, if permitted to stand, would require the courts of this jurisdiction to determine in advance of trial whether a first offender has a right not to be prosecuted for the crime with which he is charged. This case comes before the court in a somewhat unusual context.
The appellee (referred to herein as the "defendant") was arrested and thereafter charged by information...
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