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TURNER v. STATE

SC 1803.

343 So.2d 591 (1977)

In re James Ferril TURNER v. STATE of Alabama. Ex parte James Ferril Turner.

Supreme Court of Alabama.

February 4, 1977.

Attorney(s) appearing for the Case

Charles C. Partin, III, Bay Minette, for petitioner.

William J. Baxley, Atty. Gen. and Mary Lee Stapp and William S. La Bahn, Asst. Attys. Gen., for respondent, State.

ALMON, Justice.

This case is before the court by writ of certiorari to the Court of Criminal Appeals. The prosecution was initiated by the State of Alabama against petitioner for non-support of his children under Tit. 34, § 90, Code of Alabama 1940, Recompiled 1958.1

Petitioner contends that one of the elements required for a conviction under Tit. 34, § 90, is that there be a showing that the

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