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A charge of attempted murder filed against a 34-year-old transient was abruptly dismissed Wednesday when a prosecutor produced new evidence proving the defendant was not at the scene of the crime.

Trial for David Dillon had been in session just an hour when Morgan County Attorney J.D. Poorman asked 2nd District Judge Rodney Page to dismiss a charge of attempted homicide.Poorman told the judge he had just learned that Dillon was in Salt Lake City selling blood on April 23, 1990, when Richard Roundy was beaten, robbed and thrown from a moving train in Morgan County, some 50 miles from the city.

Page agreed, dismissing a second-degree felony count of attempted homicide.

Prosecutors had said Roundy, 38, suffered a punctured lung, cracked vertebrae, facial fractures and a broken hand as a result of the beating and fall. He since has recovered.

Dillon was arrested in New York late last fall and extradited to Utah. He has been held at Weber County Jail in lieu of an $11,000 bond, but Page ordered him released Wednesday.