MADDOX, Justice.
This case involves denial of a criminal defendant's pleas of former jeopardy. We granted certiorari to review the judgment of the Court of Criminal Appeals, which affirmed petitioner's conviction, without writing an opinion. 447 So.2d 873. Sales petitioned for rehearing, and pursuant to Rule 39(k), Ala.R.App.P., requested that the court set out certain facts. We have considered these facts in arriving at our decision in this case.
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