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41 Ala. App. 684

Alexander v. State

Alabama Court of Appeals

Decided January 29, 1963

Alabama Court of Appeals · decided 1963-01-29

Relies on Woods v. State · Phalen v. Fort · Chavers v. State

Decided 1963-01-29

CATES, Judge.

¶1Appeal from denial of habeas corpus to resist extradition.

¶2The Attorney General’s motion to dismiss because of the appellant’s failure to file a brief, relying upon Phalen v. Fort, 266 Ala. 213, 95 So.2d 401, is hereby denied.

¶3We consider Woods v. State, 264 Ala. 315, 87 So.2d 633, not to have been overruled by the Phalen case, supra.

¶4We have reviewed the record and consider that the decision of this court in Chavers v. State, App., 143 So.2d 187,1 is controlling authority. Accordingly, the judgment of the Circuit Court of Jefferson County is hereby

¶5Affirmed.

¶6. Ante, p. 585.

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