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ORUM v. STATE

3 Div. 481.

245 So.2d 831 (1971)

Johnny ORUM v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

Rehearing Denied March 11, 1971.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Joseph Victor Price, Jr., Asst. Atty. Gen., for the State.

Morris Dees, Jr., Joseph J. Levin, Jr., Montgomery, for defendant.

MERRILL, Justice.

The State's petition for writ of certiorari to the Court of Criminal Appeals, 46 Ala. App. 543, 245 So.2d 829, is based upon an alleged conflict in a statement appearing in that court's opinion, and statements in decisions of this court.

The factual background, based on the opinion, is that the defendant was convicted of first degree burglary, his motion for a new trial was denied on July 16, 1969, his...

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