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STATE v. BIBBY

7 Div. 108.

252 So.2d 662 (1971)

STATE v. Joseph E. BIBBY, alias.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 14, 1971.

Attorney(s) appearing for the Case

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

Simmons, Torbert & Cardwell, and William D. Hudson, Gadsden, for defendant.

CATES, Judge.

Purported appeal from a judgment (rara avis-mirabile dictu) granting a new trial after a hearing on a coram nobis petition. The appellee has moved us to dismiss because the law makes no provision for appeals in such cases by the State.

The State resists the motion to dismiss citing State v. Willis, 42 Ala.App. 414, 166 So.2d 917. Whatever might be said of the Willis opinion (from which the writer dissented...

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