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McMURPHY v. STATE

77-456.

358 So.2d 1069 (1978)

In re Odis N. McMURPHY v. STATE of Alabama. Ex parte Odis N. McMurphy.

Supreme Court of Alabama.

May 19, 1978.

Attorney(s) appearing for the Case

Brian W. Dowling, Dothan, for petitioner.

No attys. for the State, respondent.

TORBERT, Chief Justice.

The petition for writ of certiorari to the Court of Criminal Appeals is denied, 358 So.2d 1065.

The denial of this writ should not be construed as approval of the definition of larceny taken from 2 Wharton's Criminal Law 80, section 452, which is set forth in the majority opinion of the Court of Criminal Appeals. Such definition, which includes as a necessary element that the property be taken "without...

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