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STATE v. McCLAIN

CR-03-1453.

911 So.2d 54 (2005)

STATE of Alabama v. Anthony Jerell McCLAIN.

Court of Criminal Appeals of Alabama.

April 29, 2005.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Elizabeth Ray Butler, asst. atty. gen., for appellant.

Paul Douglas Esco, Montgomery, for appellee.

COBB, Judge.

On October 5, 2001, Anthony Jerell McClain was indicted for second-degree domestic violence based on his second-degree assault of his wife, a violation of §§ 13A-6-21 and 13A-6-131(a), Ala.Code 1975. On March 29, 2004, McClain filed a motion to dismiss the indictment against him. On May 26, 2004, the trial court conducted a hearing on the motion to dismiss. At the conclusion of the hearing, the trial court granted the motion and dismissed the...

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