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EX PARTE WOODYARD

81-736.

428 So.2d 138 (1983)

Ex parte Joseph WOODYARD. (Re: Joseph Woodyard v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied February 25, 1983.

Attorney(s) appearing for the Case

J.D. Quinlivan, Jr., Mobile, for petitioner.

Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for respondent.

BEATTY, Justice.

Certiorari was granted to resolve an apparent conflict between the holding of the court below in this instance and the decisions of Rorex v. State, 44 Ala.App. 112, 203 So.2d 294 (1967) and Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248 (1950).

The facts are all stated in the opinion of the Court of Criminal Appeals, 428 So.2d 136

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