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LIVINGSTON v. STATE

6 Div. 828.

139 So.2d 119 (1961)

John Winston LIVINGSTON v. STATE.

Court of Appeals of Alabama.

Rehearing Denied November 21, 1961.

Attorney(s) appearing for the Case

Rowan S. Bone, Gadsden, for appellant.

MacDonald Gallion, Atty. Gen., and Jerry L. Coe, Asst. Atty. Gen., for the State.

HARWOOD, Presiding Judge.

The Attorney General has filed a motion to strike this record on the grounds that the Clerk of the Circuit Court below has not properly certified the record and that the court reporter has not sufficiently certified the transcript of the evidence.

It appears to be the contention of the State that the certificate of the court reporter fails to show that notice of the filing of the transcript of the testimony "was never given

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