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ALEXANDER v. STATE

6 Div. 909.

149 So.2d 467 (1963)

Alvin ALEXANDER v. STATE.

Court of Appeals of Alabama.

January 29, 1963.

Attorney(s) appearing for the Case

Robt. C. Barnett, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and David W. Clark, Asst. Atty Gen., for the State.

CATES, Judge.

Appeal from denial of habeas corpus to resist extradition.

The Attorney General's motion to dismiss because of the appellant's failure to file a brief, relying upon Phalen v. Fort, 266 Ala. 213, 95 So.2d 401, is hereby denied.

We consider Woods v. State, 264 Ala. 315, 87 So.2d 633, not to have been overruled by the Phalen case, supra.

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