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SHUTTLESWORTH v. STATE

6 Div. 901.

151 So.2d 734 (1962)

F. L. SHUTTLESWORTH v. STATE.

Court of Appeals of Alabama.

Rehearing Denied February 19, 1963.

Attorney(s) appearing for the Case

Arthur D. Shores and Orzell Billingsley, Jr., Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., Leslie Hall, Asst. Atty. Gen., Wm. A. Thompson and Earl McBee, Birmingham, for appellee.

CATES, Judge.

This proceeding—whether appeal or petition for mandamus—is another consequence of Shuttlesworth v. Birmingham, Ala.App., 130 So.2d 236, cert. den. 272 Ala. 708, 130 So.2d 236.

On our refusal to grant bail (Ex parte Shuttlesworth, Ala.App., 138 So.2d 710) and a like action by the Supreme Court (273 Ala. 228,

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