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STATE v. WADDOUPS

No. 20076.

712 P.2d 223 (1985)

The STATE of Utah, Plaintiff and Appellant, v. Dorian WADDOUPS, Defendant and Respondent.

Supreme Court of Utah.

December 9, 1985.

Attorney(s) appearing for the Case

David L. Wilkinson, Paul M. Warner, Robert N. Parrish, Sandra L. Sjogren, Salt Lake City, for plaintiff and appellant.

Jack H. Molgard, Brigham City, for defendant and respondent.

DURHAM, Justice:

This is an appeal from an order of dismissal of a criminal case. The State claims error in a pretrial ruling declaring a witness incompetent to testify and suppressing the witness's out-of-court statements. No error in the dismissal itself is claimed, since it was granted at the State's request after the entry of the pretrial order. The threshold question for our determination is whether the State may pursue...

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