STATE v. HUBBARD

3 Div. 885.

526 So.2d 672 (1988)

STATE of Alabama v. Timothy E. HUBBARD.

Court of Criminal Appeals of Alabama.

May 9, 1988.


Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., and Kenneth S. Nunnelley, Asst. Atty. Gen., for appellant.

Jeffery C. Duffey, Montgomery, for appellee.


ON REHEARING

BOWEN, Presiding Judge.

The question presented in this case is whether the State can appeal from the order of the trial court granting the defendant's motion to suppress improperly seized evidence where that motion is granted only after the defendant has been tried before a judge sitting without a jury but before the trial judge has rendered a judgment on the guilt or innocence of the defendant. We find that Rule 17, Temp.A.R.Cr.P., does not...

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