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BENNETT v. STATE

6 Div. 541.

410 So.2d 139 (1981)

Lee Andrew BENNETT v. STATE.

Alabama Court of Criminal Appeals.

Rehearing Denied January 26, 1982.

Attorney(s) appearing for the Case

Jerome S. Grand, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen., for appellee.

ON RETURN TO REMAND

DeCARLO, Judge.

We have examined the transcript of evidence of the hearing conducted after we remanded with directions. This transcript shows, and the appellant's attorney admits that, there was never a request for a preliminary hearing. Under this circumstance, the question of waiver of a preliminary hearing without counsel is not before us.

AFFIRMED.

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