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RUCKER v. STATE

SC 1885.

340 So.2d 830 (1976)

In re Robert Earl RUCKER v. STATE of Alabama. Ex parte Robert Earl Rucker.

Supreme Court of Alabama.

December 10, 1976.

Attorney(s) appearing for the Case

Cloud, Berry, Ables, Blanton & Tatum, Huntsville, for petitioner.

William J. Baxley, Atty. Gen. and Joel E. Dillard, Asst. Atty. Gen., for the State, respondent.

FAULKNER, Justice.

Writ quashed as improvidently granted.

In quashing this writ, we wish to be understood as specifically disapproving the following language in the plurality opinion of the Court of Criminal Appeals, viz.:

"The trend of the new rules of court procedure now controlling is to get away from technical disposition of cases and to reach the merits of the dispute. This is a very good case to observe this new trend. We conclude that the failure...

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