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STATE v. McNEILL

CR-96-1809.

716 So.2d 250 (1998)

STATE v. Ralph McNEILL.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 8, 1998.

Attorney(s) appearing for the Case

Judy Barganier, Montgomery; and Bill Pryor, atty gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellant.

W. Terry Travis, Montgomery, for appellee.

COBB, Judge.

This is an appeal by the State from the trial court's dismissal of a two-count indictment, which was the third indictment and the fourth criminal proceeding based on the same facts. This indictment charged Ralph McNeill with first-degree rape and second-degree rape, violations of §§ 13A-6-61 and 13A-6-62, Ala.Code 1975, respectively. Because the issue raised on appeal is procedural, we will first outline the facts and the procedural history...

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