ROGERS v. STATE

8 Div. 176.

214 So.2d 451 (1968)

Glenn ROGERS v. STATE.

Court of Appeals of Alabama.

August 27, 1968.


Attorney(s) appearing for the Case

Ralph E. Slate, Decatur, for appellant.

MacDonald Gallion, Atty. Gen., and John A. Lockett, Jr., Asst. Atty. Gen., for the State.


CATES, Judge.

This is an appeal from a palpable miscarriage of justice, i. e., from a conviction under a statute which our Supreme Court had strongly indicated violated the State Constitution. Properly, the Attorney General, in brief, confesses error.

On September 25, 1967, a conservation officer arrested Rogers apparently without a warrant. The officer, on the next day, appeared before the Judge of Probate of Lawrence County and swore that Rogers (1) caught...

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