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KELLEY v. STATE

8 Div. 44.

453 So.2d 1344 (1984)

Roy KELLEY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

June 12, 1984.

Attorney(s) appearing for the Case

A. Stewart O'Bannon, III, Florence, for appellant.

Charles A. Graddick, Atty. Gen. and Susan McKinney, Asst. Atty. Gen., for appellee.

ON REHEARING

TYSON, Judge.

On May 8, 1984, this court unanimously affirmed this cause without opinion, 453 So.2d 8.

Because counsel has filed a request for a statement pursuant to Rule 39(k) and Rule 40 ARAP, this court sets forth the following as its opinion.

Roy Kelley was charged by indictment with unlawfully obtaining some $500.00 in currency from the person of one Mrs. Mary E. Carpenter, with intent to deprive the owner of said property...

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