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  5. 955 S.W.2d 78 (1996)
 

STATE v. BUTLER

955 S.W.2d 78 (1996)

STATE of Tennessee, Appellant, v. Robert BUTLER, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

June 25, 1996.

Attorney(s) appearing for the Case

Robert W. Ritchie, Wade V. Davies, Ritchie, Fels & Dillard, Knoxville, for Appellee.

Charles W. Burson, Attorney General and Reporter, Darian B. Taylor, Assistant Attorney General, Criminal Justice Division, Randall E. Nichols, District Attorney General, Robert Jolley, Asst. Dist. Attorney General, Nashville, for Appellant.

No Permission to Appeal Applied for to the Supreme Court.

OPINION

SUMMERS, Judge.

Nearly twenty years ago, the appellee was convicted of rape and sentenced to life imprisonment. In 1993, he was granted habeas corpus relief in federal court. In 1995, a Tennessee trial court dismissed the appellee's indictment. The state appeals and argues that the trial judge abused her discretion in dismissing the indictment. We find no abuse of discretion and affirm...

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