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SMITH v. STATE

5 Div. 599.

80 So.2d 307 (1955)

Lenward SMITH v. STATE.

Supreme Court of Alabama.

Rehearing Denied May 19, 1955.

Attorney(s) appearing for the Case

Walter J. Merrill, Anniston, and H. M. Britton, Wedowee, for petitioner.

Robert Straub, Asst. Atty. Gen., and Owen Bridges, Montgomery, of counsel, opposed.

STAKELY, Justice.

We have considered the exception to the oral charge of the court as set out in the opinion of the Court of Appeals and have concluded that the Court of Appeals reached a correct conclusion with reference thereto. As we understand the opinion of the Court of Appeals the State had one factual theory while the defendant had another factual theory. Solution of these different theories made a question for the jury. According to the theory of the prosecution...

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