STATE v. ARRINGTON

CR-95-0488.

677 So.2d 1287 (1996)

STATE v. James ARRINGTON.

Court of Criminal Appeals of Alabama.

May 10, 1996.


Attorney(s) appearing for the Case

David Barber, District Atty., and J. Thomas Leverette, Asst. Atty. Gen., for Appellant.

Carolyn Rankins Shields, Birmingham, for Appellee.


COBB, Judge.

The State of Alabama appeals the circuit court's grant of James Arrington's pretrial motion to dismiss, on double jeopardy grounds, the indictment charging him with assault in the second degree. Arrington contends that his right against being placed in jeopardy twice was violated because he had been convicted of assault in the third degree in the Municipal Court of Birmingham, Alabama, based on the same act or transaction that was the basis for the assault...

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