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VOGEL v. STATE

80-168, 80-175.

426 So.2d 882 (1982)

Ex parte State of Alabama Ex Rel. Attorney General. (Re Gerald Len VOGEL and Robert Louis Vogel v. STATE of Alabama). Ex parte Robert Louis VOGEL and Gerald Len Vogel. (Re Gerald Len Vogel and Robert Louis Vogel v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied February 11, 1983, Opinion Extended.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Jane LeCroy Brannan, Sandra M. Solowiej, J. Thomas Leverette, and Joseph G. L. Marston, Asst. Atty. Gen., for petitioner.

Frank M. Riggs, Montgomery, for defendants.

ADAMS, Justice.

This Court's opinion of September 18, 1981, in which this Court reversed the judgment of the Court of Criminal Appeals, is withdrawn, and the following opinion is substituted for it:

On October 2, 1981, the State of Alabama moved for a rehearing, praying that the judgment of this Court, entered on September 18, 1981, be set aside. During the pendency of the application for rehearing, our research revealed that the United States Supreme Court...

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