CLARK v. STATE

6 Div. 841.

80 So.2d 312 (1955)

James Allen CLARK v. STATE.

Supreme Court of Alabama.

April 28, 1955.


Attorney(s) appearing for the Case

Bernard F. Sykes, Asst. Atty. Gen., Robt. Straub, Asst. Atty. Gen., and Owen Bridges, Montgomery, of counsel, for the petition.

Gibson & Gibson and Lange, Simpson, Robinson & Somerville, Birmingham, opposed.


SIMPSON, Justice.

Certiorari to the Court of Appeals.

After a full consideration of the propositions presented by the petition, we are of the opinion that the writ should be denied. We desire, however, to make a brief explanation.

We do not regard the decision in Yellow-Stone Kit v. State, 88 Ala. 196, 7 So. 338, 7 L.R.A. 599, as decisive, since that case seems to have been overruled at least by implication by Grimes v. State, 235 Ala. 192, 178 So...

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