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COMMANDER v. STATE

77-773.

374 So.2d 921 (1979)

In re Charles Foster COMMANDER v. STATE of Alabama. Ex parte State of Alabama ex rel. Attorney General.

Supreme Court of Alabama.

September 7, 1979.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and James F. Hampton, Asst. Atty. Gen., for the State, petitioner.

Jerry E. Stokes, Andalusia, for respondent.

ALMON, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

BLOODWORTH, FAULKNER, JONES, SHORES, EMBRY and BEATTY, JJ., concur.

MADDOX, J., dissents, with whom TORBERT, C. J., concurs.

MADDOX, Justice (dissenting).

I respectfully dissent on basically the same grounds I listed in my dissent in Elmore v. State, 348 So.2d 269 (Ala.1977), which are:

(1) Code 1975, § 22-2-2(6) states that...

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