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STATE v. KIRK

613 S.W.2d 485 (1980)

STATE of Tennessee, Appellant, v. Michael Joe KIRK, Appellee.

Court of Criminal Appeals of Tennessee, Jackson.

December 23, 1980.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., Charles L. Lewis, Asst. Atty. Gen., Nashville, Alan E. Glenn, Asst. Dist. Atty. Gen., Memphis, for appellant.

Sam P. Bradley, Memphis, for appellee.

OPINION

O'BRIEN, Judge.

The State brings this appeal from an order dismissing an indictment against the defendant in the Criminal Court of Shelby County.

The case is before us on a stipulation of the evidence and proceedings in the lower courts. It was heard below upon a motion to dismiss the indictment as being defective on its face, alleging commission of a misdemeanor more than twelve (12) months before indictment and alleging prosecution was...

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