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CALLAHAN v. STATE

8 Div. 158.

215 So.2d 887 (1968)

Wilburn CALLAHAN v. STATE.

Court of Appeals of Alabama.

November 5, 1968.

Attorney(s) appearing for the Case

Jim C. Fincher, Decatur, for appellant.

MacDonald Gallion, Atty. Gen., and Marlin Mooneyham, Asst. Atty. Gen., for the State.

CATES, Judge.

This is a coram nobis appeal: the circuit court sustained the State's demurrer to Callahan's petition as finally amended.

We have jurisdiction of this appeal because the original conviction carried a five year sentence. See Ex parte Goodman, 43 Ala.App. 183, 185 So.2d 146. It was brought here on a stalling appeal on the record proper.

I.

We adopt the argument advanced by the Attorney General...

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