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STATE v. WELCH

Supreme Court of Connecticut
Oct 16, 1991

The state of Connecticut's petition for certification for appeal from the Appellate Court, 25 Conn. App. 270, is granted, limited to the following issue:

"Following a reversal of a judgment of conviction on the ground that a count was improperly added under Practice Book 624, should the rescript direct a judgment of acquittal on remand, as was done in State v. Jacobowitz, 182 Conn. 585, 594 (1981), or should it direct a new trial on that count?"

Mitchell S. Brody, assistant state's attorney, in support of the petition.

Richard Emanuel, assistant public defender, in opposition.