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HERGOTT v. STATE

6 Div. 580.

588 So.2d 908 (1990)

Richard James HERGOTT v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 30, 1990.

Attorney(s) appearing for the Case

R. Wyatt Howell of Potts & Young, Florence, and William H. Atkinson of Fite, Davis, Atkinson & Bentley, Hamilton, for appellant.

Don Siegelman, Atty. Gen., and Andy S. Poole, Asst. Atty. Gen., for the State.

ON RETURN TO REMAND

McMILLAN, Judge.

This cause was remanded to the trial court for a determination of whether the barn and garden, in which the marijuana was found, were within the curtilage of the appellant's home. 554 So.2d 1139. The trial court found that the marijuana was not located within the curtilage of the appellant's residence. The trial court found that the location of the marijuana was more than 100 yards...

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