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McCLARY v. STATE

S.C. 246.

282 So.2d 384 (1973)

In re Henry L. McCLARY v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

Rehearing Denied July 5, 1973.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Montgomery, Samuel L. Adams, Sp. Asst. Atty. Gen., Dothan, for petitioner.

Thomas M. Haas, and Ian F. Gaston, Mobile, for respondent.

MERRILL, Justice.

The defendant McClary was convicted in Mobile County for selling drugs in violation of an Act listed in the 1958 Recompilation as Tit. 22, § 258(21). The Court of Criminal Appeals decided all the questions raised adversely to the defendant except one relating to purported argument of counsel. That court reversed the judgment and we granted certiorari.

We quote from the opinion of the Court of Criminal Appeals as it pertains to the question...

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