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STATE v. SMITH

CR-08-1935.

46 So.3d 14 (2010)

STATE of Alabama v. Andreas SMITH.

Court of Criminal Appeals of Alabama.

March 5, 2010.

Attorney(s) appearing for the Case

Troy King , atty. gen., and Marc Alan Starrett , asst. atty. gen., for appellant.

Roianne Houlton Conner , Montgomery, for appellee.

WELCH, Judge.

The State of Alabama appeals, pursuant to Rule 15.7, Ala. R.Crim. P., from a pretrial order dismissing an indictment against Andreas Smith. We reverse and remand.

The record indicates that on July 18, 2008, a Montgomery County grand jury returned a two-count indictment against Smith. In count I of the indictment Smith was charged with the attempted murder of Deputy United States Marshal J.C. Hamilton by shooting him with a gun, a violation of...

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