MENZA, J.S.C.
The issue presented to this court is whether the court must dismiss a charge against a defendant when the prosecutor, in her opening statement, fails to state facts that form the basis of the charge.
The defendant, Janice Stamberger, is charged in two counts of the indictment with the crime of theft, alleged to have occurred on two different dates. The prosecutor failed to make any reference to one of the charges in her opening statement. Defendant...
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