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STATE v. GARY

No. O-78-43.

594 P.2d 796 (1979)

The STATE of Oklahoma, Appellant, v. John GARY, III, Appellee.

Court of Criminal Appeals of Oklahoma.

April 30, 1979.

Attorney(s) appearing for the Case

David Young, Dist. Atty., Luther Cowan, Asst. Dist. Atty., for appellant.

Jeffrey D. Fischer, Tulsa, for appellee.

OPINION

CORNISH, Presiding Judge:

This is an appeal by the State of Oklahoma regarding the dismissal of a Kidnapping charge against John Gary, III. At a motion hearing, defense counsel demurred to the sufficiency of the evidence presented at the preliminary hearing. The State argued that the demurrer was actually in the form of a motion to quash and set aside the information, but the District Court considered it...

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