State v. Garner

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 transportation .... ” (C. 3.) Garner filed a motion to dismiss the indictment. He argued in the motion that the indictment failed to adequately…