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EX PARTE TUCKER

1941828.

677 So.2d 231 (1996)

Ex parte John Wayne TUCKER. (Re John Wayne Tucker v. State).

Supreme Court of Alabama.

April 5, 1996.

Attorney(s) appearing for the Case

Fulton S. Hamilton of Hamilton, Gardner & Webster, Huntsville, for Petitioner.

Jeff Sessions, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for Respondent.

INGRAM, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

MADDOX, ALMON, HOUSTON, KENNEDY, COOK, and BUTTS, JJ., concur.

HOOPER, C.J., and SHORES, J., dissent.

HOOPER, Chief Justice (dissenting).

John Wayne Tucker might be liable for civil damages, but he has no criminal liability under Ala.Code 1975, § 13A-8-10. That statute provides:

"(a) A person commits the crime of theft of services if: "(1) He intentionally...

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