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ROGERS v. STATE

6 Div. 495.

65 So.2d 531 (1953)

ROGERS v. STATE.

Supreme Court of Alabama.

Rehearing Denied May 28, 1953.

Attorney(s) appearing for the Case

Beddow & Jones and John A. Jenkins, Birmingham, for petitioner.

Si Garrett, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., opposed.

BROWN, Justice.

The indictment against the defendant contained two counts, the first charging grand larceny and the other charging defendant with the offense of embezzlement. The jury's verdict was under the second count.

The basis for review and reversal of the Court of Appeals as stated in the petition for certiorari is the following utterance in the opinion of the Court of Appeals, 65 So.2d 525:

"In their argument...

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