TYSON, Judge.
The appellant was charged in a two count indictment, to which no demurrer was interposed, with credit card theft. Count One charged theft by taking or retaining possession of credit cards taken in violation of § 13-4-32(a), Code of Alabama 1975, and Count Two charged theft of credit cards lost, mislaid or delivered by mistake in violation of § 13-4-32(b), Code of Alabama 1975. At the close of the evidence the state dismissed and struck Count...
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