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EX PARTE MARSHALL

1071243.

25 So.3d 1190 (2009)

Ex parte William Lyle MARSHALL. (In re William Lyle Marshall v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied May 15, 2009.

Attorney(s) appearing for the Case

James W. May, Foley, for petitioner.

Troy King, atty. gen., and James B. Prude, asst. atty. gen., for respondent.

STUART, Justice.

William Lyle Marshall was indicted by the Baldwin County grand jury on February 13, 2007, and charged in a one-count indictment with the offense of driving under the influence ("DUI"). The indictment reads:

"William Lyle Marshall, whose name is otherwise unknown to the Grand Jury other than as stated, did drive or be in actual physical control of a vehicle while, (1) there was 0.08 percent or more...

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