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STATE v. WILBANKS

5 Div. 869.

266 So.2d 619 (1969)

STATE of Alabama v. John WILBANKS.

Supreme Court of Alabama.

Rehearing Denied February 5, 1970.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and Mylan Mooneyham, Asst. Atty. Gen., for petitioner.

Goodwyn, Smith & Bowman, Montgomery, Beddow, Embry & Beddow, Birmingham, and Howard & Dunn, Wetumpka, opposed.

PER CURIAM.

On petition of the State a writ of certiorari was issued out of this court to the Court of Appeals of Alabama to enable this court to review the opinion and judgment of the Court of Appeals in the case of Wilbanks v. State, 48 Ala.App. 540, 266 So.2d 609, decided by the Court of Appeals on June 25, 1968, rehearing denied August 13, 1968.

Wilbanks, on his second trial...

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