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JOHNSON v. STATE

8 Div. 426.

253 So.2d 344 (1971)

In re Roland JOHNSON v. STATE of Alabama. Ex parte Roland Johnson.

Supreme Court of Alabama.

June 30, 1971.

Attorney(s) appearing for the Case

William H. Rogers, Moulton, for petitioner.

William J. Baxley, Atty. Gen. and Richard F. Calhoun, Asst. Atty. Gen., for respondent, the State.

HARWOOD, Justice.

Among the grounds of the Petition for Writ of Certiorari was that the Court of Criminal Appeals did not follow the holding of this court in holding that the trial court "did not err in denying the appellant's motion to exclude the evidence nor in denying the affirmative charge," in that such conclusion is in conflict with Lang v. State, 252 Ala. 640, 42 So.2d 512, and the pronouncements in that case as to the measure...

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