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IN RE WHITE

SC 941.

300 So.2d 439 (1974)

In re Ex parte Howard L. WHITE, Jr. Ex parte Richard P. EMMET, Judge of the 15th Judicial Circuit, ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

September 12, 1974.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen. and William G. McKnight, Asst. Atty. Gen., for petitioner.

No brief for respondent.

PER CURIAM.

Petition of Richard P. Emmet for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Ex parte White, 53 Ala.App. 377, 300 So.2d 420.

Writ denied.

All the Justices concur.

MERRILL, Justice (concurring specially):

I concur in denying the writ for certiorari because the Court of Criminal Appeals found as a fact from the evidence that...

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