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ROBINSON v. STATE

77-159.

361 So.2d 1113 (1978)

In re James Louis ROBINSON v. STATE of Alabama. Ex parte James Louis Robinson.

Supreme Court of Alabama.

Rehearing Denied July 21, 1978.

Attorney(s) appearing for the Case

Jerry N. Quick, Trussville, Carol Millican, Birmingham, for petitioner.

William J. Baxley, Atty. Gen., Montgomery, James L. O'Kelley, Asst. Atty. Gen., Birmingham, for respondent.

JONES, Justice.

This case, before the Court upon writ of certiorari, involves the review of a conviction of assault with a deadly instrument upon a peace officer engaged in the active discharge of his lawful duty. The Court of Criminal Appeals affirmed the judgment rendered by the trial Court. We reverse and remand.

The facts are fully set out in the opinion of the Court of Criminal Appeals, Robinson v. State, 361 So.2d 1109

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