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EX PARTE O'LEARY

82-549.

438 So.2d 1372 (1983)

Ex parte Daniel P. O'LEARY. (Re Daniel P. O'Leary v. State of Alabama.)

Supreme Court of Alabama.

July 8, 1983.

Attorney(s) appearing for the Case

W. Kenneth Gibson, Fairhope, for petitioner.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for respondent.

FAULKNER, Justice.

O'Leary was convicted on a charge of possession of marijuana in the Circuit Court of Baldwin County on July 31, 1978, and sentenced to 15 years in the state penitentiary. The Court of Criminal Appeals of Alabama reversed and remanded for a new trial by holding that O'Leary was never arraigned on the charge for which he was indicted and convicted. O'Leary v. State, 417 So.2d 214 (Ala.Cr.App.1980). This court...

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