OPINION
PER CURIAM.
This is an original proceeding wherein the State of Oklahoma has perfected an appeal upon a reserved question of law alleging that the examining magistrate in Oklahoma County, Oklahoma in Case No. CRF 70-2898 erred in sustaining Appellees' motion to suppress a motion to dismiss, and further, that the magistrate erred in overruling the State's motion to refile.
In the recent case of State ex ref. Fallis v. Caldwell, Okl.Cr.,
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