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HART v. STATE

SC 274.

274 So.2d 614 (1973)

Walter Ray HART v. The STATE of Alabama.

Supreme Court of Alabama.

March 15, 1973.

Attorney(s) appearing for the Case

Alton L. Turner, Luverne, for appellant.

William J. Baxley, Atty. Gen., and Randall L. Cole, Sp. Asst. Atty. Gen., for the State, appellee.

FAULKNER, Justice.

This case presents the inexplicable mystery of recidivism. Why does a man, despite repeated warnings and repeated punishments, return again and again to the activity which gets him into trouble?

Walter Ray Hart had been convicted of illegal distilling and had served time in the penitentiary. In 1972 he was again arrested for illegal distilling and again convicted. On September 5, 1972, the trial judge decided not to impose a two-year penitentiary...

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