McMILLAN, Judge.
The appellee was convicted and was sentenced in the municipal court of the City of Foley on a charge of assault in the third degree. He appealed to the circuit court for a trial de novo and entered a plea of not guilty. On the day of trial, after the jury was sworn, the appellee moved to dismiss the case. The circuit court, by written order on that date, granted the motion, on the ground that the city's omitting the name of the victim from...
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