STATE v. ELEY

3 Div. 654.

423 So.2d 303 (1982)

STATE of Alabama v. William Sanford ELEY, II.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 25, 1982.


Attorney(s) appearing for the Case

Maury Smith and Edward B. Parker, II of Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Joseph G.L. Marston, III, Asst. Atty. Gen., and James H. Evans, Dist. Atty., for appellee.


BARRON, Judge.

This appeal was perfected by the State as a result of a ruling by the Circuit Court of Montgomery County granting appellee's motion to dismiss an assault charge on a plea of former jeopardy, and was in accordance with Act 82-860, which permitted appeals by the State from certain pre-trial proceedings.

Appellee then filed in this court a motion to dismiss the State's appeal on the basis that Act 82-860 was not constitutionally enacted and is...

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