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ARNOLD v. STATE

No. SC 2128.

353 So.2d 524 (1977)

In re James Elliott ARNOLD v. STATE. Ex parte State of Alabama ex rel. Attorney General.

Supreme Court of Alabama.

September 16, 1977.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Eric A. Bowen, Asst. Atty. Gen. for the State, petitioner.

Herbert W. Stone and R. B. Jones, Birmingham, opposed.

SHORES, Justice.

We granted the state's petition for writ of certiorari because it was asserted the the Court of Criminal Appeals, 353 So.2d 520, wrongly decided a case of first impression.

That court held that the trial court erroneously allowed the defendant's ex-wife to testify, over the defendant's objection, to (1) a telephone conversation between the defendant and a third party accomplice which was overheard by the...

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