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DAVIDSON v. STATE

6 Div. 322.

351 So.2d 683 (1977)

Clara DAVIDSON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 25, 1977.

Attorney(s) appearing for the Case

Fred Blanton, Birmingham, for appellant.

William J. Baxley, Atty. Gen. and James L. O'Kelley, Asst. Atty. Gen., Montgomery, and Glenn E. Thompson, Student Research Aide, Birmingham, for appellee.

HARRIS, Judge.

Appellant was put to trial on a two-count indictment purportedly charging grand larceny and buying, receiving, and concealing stolen property. The trial court charged out the second count stating: "I instruct you that count two does not apply to the trial of this case."

Omitting the formal parts count one reads as follows:

"The grand jury of said county charge that, before the finding of this indictment, Clara Davidson, whose name is...

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