No. 3 Div. 162.

168 So.2d 267 (1964)

Lester HOWARD v. STATE of Alabama.

Court of Appeals of Alabama.

Attorney(s) appearing for the Case

Horne, Webb & Tucker, Atmore, for appellant.

Richmond M. Flowers, Atty. Gen., Bernard F. Sykes, Asst. Atty. Gen., and Roy E. Hicks, Legal Research Aide, Montgomery, for the State.

CATES, Judge.

Cattle theft conviction in a companion case to McCreary v. State, Ala.App., 166 So.2d 914. Act No. 238, Sp.Sess., September 15, 1961, effective January 1, 1962.

Except for the matters there reflected in headnotes 2, 3, 5 and 6, the McCreary opinion substantially disposes of this appeal.

Agreeably with Code 1940, T. 15, § 389, we have reviewed the whole record and consider that the judgment below is due to be



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