WILBANKS v. STATE

5 Div. 915.

266 So.2d 632 (1972)

In re John WILBANKS v. STATE of Alabama. Ex parte STATE of Alabama, ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

June 29, 1972.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.

Howard & Dunn, Wetumpka, O. J. Goodwyn, Montgomery, and Beddow, Embry & Beddow, and J. Scott Vowell, Birmingham, for respondent.


BLOODWORTH, Justice.

This case, originally assigned to another justice on this court, has been reassigned to the writer.

The State petitioned for, and has been granted, a writ of certiorari to the Court of Criminal Appeals. The petition prays that we reverse the decision of that court. We grant that prayer and reverse and remand this cause.

The Court of Criminal Appeals' decision reversing the trial court is based on three propositions:

VI...

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