DONAHAY v. STATE

3 Div. 483.

255 So.2d 599 (1971)

In re Thomas Gere DONAHAY, alias v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

June 10, 1971.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Charles H. Barnes, Asst. Atty. Gen., for petitioner, State of Alabama.

Frank W. Riggs, III, Montgomery, for respondent-appellant.


McCALL, Justice.

On petition of the State of Alabama, we granted a writ of certiorari to review the judgment of the Court of Criminal Appeals which reversed the circuit court. The ground for the petition is that a material question of first impression in the appellate courts of Alabama was incorrectly decided by the Court of Criminal Appeals.

The defendant was convicted by a jury of violating Tit. 14, § 174(a), Code of Alabama, 1940, as amended, which...

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