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SMITH v. STATE

SC 1696.

346 So.2d 464 (1976)

In re Gary David SMITH v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

Rehearing Denied September 10, 1976.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Joseph G. L. Marston, III, and William A. Davis, III, Asst. Attys. Gen., for petitioner.

Guy Sparks, Anniston, for defendant.

MADDOX, Justice.

The facts of this case are substantially the same as those in Ex Parte: State of Alabama ex rel. Attorney General, In re: Pope v. State, (Decided July 16, 1976) Ala., 345 So.2d 1385. The judgment of the Court of Criminal Appeals is reversed and remanded on authority of Pope, supra.

REVERSED AND REMANDED.

HEFLIN, C. J., and JONES, SHORES and BEATTY, JJ., concur.

ON REHEARING...

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