STATE v. GARNER

CR-08-0598.

28 So.3d 831 (2009)

STATE of Alabama v. David Mark GARNER.

Court of Criminal Appeals of Alabama.

August 7, 2009.


Attorney(s) appearing for the Case

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

Angela Cochran Morgan, Fort Payne, for appellee.


WELCH, Judge.

The State of Alabama appeals from the pretrial dismissal of an indictment charging David Mark Garner with violating § 13A-10-15, Ala.Code 1975, for making a terrorist threat.

The indictment against Garner alleged, in relevant part, that Garner "did threaten, by any means, to commit any crime of violence or to damage any property, by intentionally or recklessly causing the evacuation of a building, place of assembly, or facility of public...

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