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MULLINS v. STATE

SC 1239.

323 So.2d 116 (1975)

In re John C. MULLINS v. STATE of Alabama. Ex parte John C. Mullins.

Supreme Court of Alabama.

Rehearing Denied December 18, 1975.

Attorney(s) appearing for the Case

James T. Gullage, Opelika, for petitioner.

William J. Baxley, Atty. Gen., and J. Donald Reynolds, Sp. Asst. Atty. Gen., for the State, respondent.

PER CURIAM.

On preliminary examination, the petition for the writ of certiorari to the Court of Criminal Appeals, 56 Ala.App.___, 323 So.2d 109, was granted. Upon further consideration, we hold that the writ was improvidently granted and is due to be quashed.

Writ of certiorari quashed.

HEFLIN, C.J., and MERRILL, BLOODWORTH, MADDOX, SHORES and EMBRY, JJ., concur.

FAULKNER and JONES, JJ., dissent.

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