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STATE v. LEACH

686 S.W.2d 922 (1984)

STATE of Tennessee, Appellant, v. Larry Mason LEACH, Appellee.

Court of Criminal Appeals of Tennessee, at Jackson.

Permission to Appeal Denied March 4, 1985.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. & Reporter, Raymond S. Leathers, Asst. Atty. Gen., Nashville, Paul G. Summers, Dist. Atty. Gen., Somerville, for appellant.

Michael Whitaker, Covington, for appellee.

Permission to Appeal Denied by Supreme Court March 4, 1985.

OPINION

DWYER, Judge.

The State appeals the dismissal of an aggravated rape indictment returned by the Tipton County Grand Jury against appellant. See T.C.A. § 39-2-603.

The issue of the State: The trial court erred in dismissing the indictment. After a hearing, the trial court dismissed the indictment, holding that to try appellant on this charge would be double jeopardy...

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