STATE v. FRANKLIN

8 Div. 916.

541 So.2d 593 (1989)

STATE of Alabama v. Frank Harper FRANKLIN III.

Court of Criminal Appeals of Alabama.

February 24, 1989.


Attorney(s) appearing for the Case

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

Joe Powell, Decatur, for appellee.


McMILLAN, Judge.

The defendant was indicted for the offense of manslaughter. At trial, following the presentation of the evidence by the prosecution, he moved for a judgment of acquittal or, in the alternative, that the indictment be quashed. The trial court granted the motion to quash the indictment, holding that the indictment "[d]oes not state an indictable offense." Pursuant to § 12-22-91, Code of Alabama (1975), which allows the State an appeal from...

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