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ELMORE v. STATE

SC 2096.

348 So.2d 269 (1977)

In re Dorothy Gray ELMORE v. STATE of Alabama. Ex parte State of Alabama ex rel. Attorney General.

Supreme Court of Alabama.

May 20, 1977.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State, petitioner.

No brief for respondent.

PER CURIAM.

Dorothy Gray Elmore was indicted, tried, and found guilty by a jury of driving while intoxicated. She appealed to the Court of Criminal Appeals which reversed the judgment of conviction. Elmore v. State, (decided March 30, 1976), Ala.Cr.App., 348 So.2d 265. We granted certiorari, and reversed and remanded, on a point unrelated to the one now presented. Elmore v. State (decided July 9, 1976), Ala.,

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