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BAXTER v. STATE

8 Div. 804.

143 So.2d 191 (1962)

Cliff BAXTER v. STATE.

Court of Appeals of Alabama.

Rehearing Denied February 27, 1962.

Attorney(s) appearing for the Case

Lusk & Lusk, Guntersville, for appellant.

MacDonald Gallion, Atty. Gen., Bernard F. Sykes, Asst. Atty. Gen., and Tommy R. Ogletree, Legal Research Aide, Montgomery, for the State.

CATES, Judge.

On August 20, 1960, E. A. McGee swore and subscribed to a complaint that "within twelve months before making this affidavit * * * Baxter * * * did Assault Mrs. Juddic McGee."

The only testimony as to the time of the alleged assault is that Mrs. McGee saw the defendant on "August 29." This testimony contradicts the complaint.

The Attorney General has sought in this court to correct "August 29...

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