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STATE v. SMITH

3 Div. 381.

218 So.2d 266 (1969)

STATE of Alabama v. Charles M. SMITH, III, et al.

Supreme Court of Alabama.

January 23, 1969.

Attorney(s) appearing for the Case

W. Mark Anderson, III, Sp. Asst. Atty. Gen., for appellant.

Rushton, Stakely, Johnston & Garrett, Montgomery, for appellees.

COLEMAN, Justice.

In a proceeding to condemn land for a highway, the state appeals from a judgment granting the landowners' motion for a new trial.

Motions.

Appellees have filed a motion to affirm, based on the ground that appellant's assignment of error does not comply with Supreme Court Rule 1 as amended March 21, 1966.

As here pertinent, Rule 1 recites:

"* * * each assignment shall list the page or pages of the transcript...

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