State v. Patterson

I concur only in the result reached by the majority, that being, that the trial judge should not have quashed the indictment.

Rule 16.3(a)(1), A.R.Cr.P.Temp., provides that “[a]ny motion which must under Temporary Rule 16.2 be made before trial must be made ... in circuit court at or before arraignment or by such later date as may be set by the court.” See also Tucker v. State, 537 So.2d 59 (Ala.Cr.App.1988). Subsection (b) of that rule provides that “[t]he court may extend or limit the time of filing such motions for good cause.”

Here, the trial court obviously treated the motion to quash as…