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PRIDE v. STATE

79-567.

392 So.2d 1219 (1981)

Ex parte State of Alabama, ex rel. Attorney General. (Re: Gerald Alvin PRIDE v. STATE of Alabama).

Supreme Court of Alabama.

January 23, 1981.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen. and J. T. Simonetti, Jr., Asst. Atty. Gen., for appellee.

E. B. Halt, Jr. and Donald H. Patterson of Haltom & Patterson, Florence, for appellant.

PER CURIAM.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

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

TORBERT, C. J., MADDOX and SHORES, JJ., dissent.

ALMON and ADAMS, JJ., not sitting.

TORBERT, Chief Justice (dissenting).

I respectfully dissent from the quashing of the writ as improvidently granted.

Code 1975, § 12-16-13, states that:

The refusal of a charge, though a correct statement of the law, shall not...

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