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DONOVAN v. STATE

4 Div. 62.

249 So.2d 635 (1971)

Weldon H. DONOVAN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 11, 1971.

Attorney(s) appearing for the Case

Eleanor O. Oakley and Farmer & Farmer, Dothan, for appellant.

MacDonald Gallion, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.

PRICE, Presiding Judge.

The appellant stands convicted of a violation of Act. No. 387, Regular Session 1967, (Title 14, § 326(3) Code of Alabama Recompiled (unofficial). Sentence was fixed at three years in the penitentiary.

The jury returned a verdict finding appellant guilty under Count Six of the indictment, which reads as follows:

"The Grand Jury of said County further Charge that, before the finding of this Indictment Weldon H. Donovan,...

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