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STATE v. ROGERS

86-1251.

516 So.2d 1380 (1987)

Ex parte State of Alabama. Re STATE of Alabama v. David Winston ROGERS.

Supreme Court of Alabama.

October 23, 1987.

Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for petitioner.

John T. Kirk, Montgomery, for respondent.

Prior report: Ala.Cr.App., 511 So.2d 279.

TORBERT, Chief Justice.

WRIT DENIED.

ALMON, BEATTY and HOUSTON, JJ., concur.

MADDOX, J., concurs specially.

MADDOX, Justice, concurring specially.

For a better understanding of the facts, I went to the record in this case, and the record reveals that at the hearing in the circuit court on Rogers's motion to suppress, the State stipulated that Rogers was not arrested for either...

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