EX PARTE STATE

CR 92-512.

617 So.2d 700 (1993)

Ex parte State of Alabama. In re STATE of Alabama v. Clifford Earl BLUE.

Court of Criminal Appeals of Alabama.

January 27, 1993.


Attorney(s) appearing for the Case

Joel M. Folmar, Dist. Atty., and Al Smith, Chief Asst. Dist. Atty., Elba, for petitioner.

Rodger K. Brannum, Enterprise, for respondent.


BOWEN, Presiding Judge.

The State has filed a petition for writ of mandamus asking this Court to compel the circuit court to set aside its order granting a new trial in a criminal case.

Clifford Earl Blue was found guilty by a jury and convicted of assault in the third degree. Defense counsel timely filed a motion for new trial alleging the existence of newly discovered evidence. On November 25, 1992, the trial court granted the motion for new trial with the...

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