Opinion
Decided October 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.