BIRDSONG, Judge.
The State appeals the order of the trial court granting defendant's motion for discharge and acquittal.
Appellant, Terry Mark Allen, was indicted for the sale of marijuana at the October Term of the Superior Court of Banks County. Defendant filed the following timely motion in the October Term of court: "In The Superior Court of Banks County, State of Georgia, STATE OF GEORGIA, Plaintiff, vs. TERRY MARK ALLEN, Defendant, Indictment No....
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