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09/30/94 CARVINE LANGHAM v. STATE

September 30, 1994

CARVINE LANGHAM, JOHN FORISTER AND JOHN CHAPMAN
v.
STATE



Appeal from Mobile Circuit Court. (CC-92-3770; CC-92-3772, CC-92-3773, CC-92-3774, CC-92-3775, CC-92-3776, CC-92-3777, CC-92-3778, CC-92-3779, CC-92-3780, CC-92-3781; and CC-92-3786, CC-92-3787, CC-92-3788, CC-92-3789). Ferrill McRae, Trial Judge.

As Amended. The Name of this Case has been Corrected by the Court.

McMILLAN

The opinion of the court was delivered by: Mcmillan

On Return to Remand

McMILLAN, JUDGE

This cause was remanded to the trial court on May 6, 1994, with instructions that it conduct an evidentiary hearing on the Disposition of the original indictments of two of the appellants, Carvine Langham and John Forister, to address their argument that the action against them was barred because it was not begun within three years of the commission of the offense.

In compliance with our instruction, an evidentiary hearing was held, at which prosecutor testified that the original indictments, which were returned on August 28, 1992, were quashed on November 17, 1992, and that on the same day the appellants were reindicted. Therefore, because the appellants were reindicted on the same day that their original indictments were quashed, there was no period of time when an indictment was not pending against them. The prosecution on the aforementioned cases was not barred.

The judgment of the trial court is affirmed.

AFFIRMED.

All Judges concur.

19940930

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