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EX PARTE McDANIEL

5 Div. 176.

274 So.2d 653 (1973)

Ex parte Terry McDANIEL.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 13, 1973.

Attorney(s) appearing for the Case

J. Tom Radney, Alexander City, for petitioner.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.

PER CURIAM.

1. There was no valid appointment of three reputable practitioners within Tit. 15, § 425, Code of Alabama, 1940. Seibold v. State, 287 Ala. 549, 253 So.2d 302, at page 555, 253 So.2d 302.

2. The petitioner, prior to arraignment, was at liberty under bail. Hence, Ex parte State ex rel. Patterson, 268 Ala. 524, 108 So.2d 448, applies....

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