O'LEARY v. STATE

79-680.

417 So.2d 217 (1981)

Ex parte State of Alabama, ex rel. Attorney General. Re Daniel P. O'LEARY v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied February 6, 1981.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and J. Anthony McLain, Sp. Asst. Atty. Gen., of McLain & Hampton, Montgomery, for petitioner.

W. Kenneth Gibson of Taylor, Benton, Irby & Gibson, Fairhope, for respondent.


BEATTY, Justice.

The facts of this case are sufficiently set forth in the opinion of the Court of Criminal Appeals. O'Leary v. State, Ala., [MS. May 6, 1980] 417 So.2d 214 (1980). We granted certiorari to ascertain whether that opinion conflicts with the principle of law expressed in Simmons v. F. W. Dodge Corporation, 270 Ala. 616, 120 So.2d 921 (1960), viz.: that...

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