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LATHAM v. STATE

SC 1228, SC 1236.

320 So.2d 760 (1975)

In re Ruby Lee LATHAM v. STATE of Alabama (two cases). Ex parte Ruby Lee Latham. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

Rehearings Denied October 2, 1975.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and James S. Ward, Asst. Atty. Gen., for the State.

James M. Fullan, Jr., Birmingham, in opposition to the State's petition for certiorari and for the defendant, in support of her petition for certiorari.

MADDOX, Justice.

Both the State and the defendant sought review, by certiorari, of the decision of the Court of Criminal Appeals, 56 Ala.App. 234, 320 So.2d 747. We granted both petitions. The State contends that the court erred in deciding that it did not prove larceny. The defendant, on the other hand, contends that the court's decision conflicts with O'Brien v. State, 238 Ala. 189, 191 So. 391 (1939), in that Mrs. Latham...

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