State v. Arrington

COBB, Judge.

The State of Alabama appeals the circuit court’s grant of James Arrington’s pretrial motion to dismiss, on double jeopardy grounds, the indictment charging him with assault in the second degree. Arrington contends that his right against being placed in jeopardy twice was violated because he had been convicted of assault in the third degree in the Municipal Court of Birmingham, Alabama, based on the same act or transaction that was the basis for the assault in the second degree charge in Jefferson Circuit Court.

The victim, a bail bondsman, was pursuing Arrington; both were driving…