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STATE v. PATTON

CR 92-1132.

669 So.2d 1002 (1993)

STATE of Alabama v. Robert Wayne PATTON.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 30, 1993.

Certiorari Quashed October 27, 1995.

Attorney(s) appearing for the Case

Ronald P. Thompson, Dist. Atty., and Jack Willis, Asst. Atty. Gen., for appellant.

Dale Fuller, Boaz, for appellee.

Alabama Supreme Court 1930447.

BOWEN, Presiding Judge.

This is an appeal by the State of Alabama from an order of the Circuit Court of Marshall County dismissing the indictment charging Robert Wayne Patton with assault in the first degree. The indictment was dismissed on the ground that the assault prosecution was barred by principles of former jeopardy.

The facts of this matter are as follows:

...

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