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WILBANKS v. STATE

5 Div. I.

266 So.2d 623 (1971)

John WILBANKS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 2, 1971.

Attorney(s) appearing for the Case

Goodwyn & Smith, Montgomery, Beddow, Embry & Beddow, Birmingham, Geo. P. Howard, Wetumpka, for appellant.

MacDonald Gallion, Atty. Gen., and Robt. F. Miller, Asst. Atty. Gen., for the State.

CATES, Judge.

February 9, 1970 this appeal was sent us by the Supreme Court after that court per curiam reversed the judgment of the former Court of Appeals (5th Div. 648, mss. June 25, 1968, 48 Ala.App. 540, 266 So.2d 609):

"We hold, therefore, that the Court of Appeals erred in holding that the trial court erred in refusing the request of counsel for the defendant to interrupt the direct examination of the witness Holley...

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