OWENS v. STATE

3 Div. 849.

109 So.2d 144 (1959)

Claude OWENS v. STATE of Alabama.

Supreme Court of Alabama.

February 12, 1959.


Attorney(s) appearing for the Case

Beddow, Gwin & Embry, Birmingham, for petitioner.

John Patterson, Atty. Gen., and Robt. C. Dillon, Asst. Atty. Gen., opposed.


STAKELY, Justice.

Only one contention is advanced to this court as a basis for reversing the Court of Appeals and that is that the court erred in permitting a special prosecuting attorney to enter the case after the jury had been selected and after the testimony of two witnesses had been taken.

In affirming the judgment of the Court of Appeals we need only consider what this court said through Mr. Justice Bouldin in Handley v. State, 214 Ala. 172, 106 So....

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