8 Div. 985.

113 So.2d 188 (1959)

Fred William SMITH v. STATE.

Supreme Court of Alabama.

Rehearing Denied June 25, 1959.

Attorney(s) appearing for the Case

Howell T. Heflin, Tuscumbia, for petitioner.

MacDonald Gallion, Atty. Gen., opposed.

Petition of Fred William Smith for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in Smith v. State, 113 So.2d 186.

STAKELY, Justice.

We concur in the conclusion reached by the Court of Appeals but do not wish to be understood as agreeing with all the statements of law contained in the opinion of that court.

Writ denied.

LIVINGSTON, C. J., and LAWSON and MERRILL, JJ., concur.


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