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STATE v. WHIRLEY

3 Div. 596.

530 So.2d 861 (1987)

The STATE of Alabama v. Kenneth WHIRLEY.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 14, 1987.

Attorney(s) appearing for the Case

Charles A. Graddick and Don Siegelman, Attys. Gen., Beth Slate Poe, Asst. Atty. Gen., for appellant.

Stephen W. Drinkard of Drinkard & Drinkard, Prattville, for appellee.

BOWEN, Presiding Judge.

This is a pretrial appeal by the State from the order of the Circuit Court of Autauga County dismissing an indictment against Kenneth Whirley for murder and vehicular homicide and discharging Whirley from custody.

I

THE FACTS

In 1984, Whirley was indicted for reckless murder under Alabama Code 1975, § 13A-6-2. He was convicted of vehicular homicide under § 32-5A-192 as a lesser included offense.

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