STATE v. SMITH

CR-03-1549.

991 So.2d 304 (2006)

STATE of Alabama v. Earl Thomas SMITH.

Court of Criminal Appeals of Alabama.

Order Affirming on Return to Remand September 28, 2007.

Rehearing Denied October 26, 2007.

Certiorari Denied March 7, 2008 Alabama Supreme Court 1070211.


Attorney(s) appearing for the Case

Troy King, atty. gen., and John M. Porter, asst. atty. gen., for appellant.

Phillip D. Mitchell, Decatur, for appellee.


McMILLAN, Presiding Judge.

This is a pretrial appeal by the State of Alabama challenging the dismissal of charges of theft of property in the second degree filed against the appellee, Earl Thomas Smith.

The record indicates that Smith was accused of accepting and cashing a check drawn on the account of S.D. Swander for $325 as an advance partial payment for repairs Smith agreed to make to Mr. Swander's home without...

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