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56 Ala. App. 443

Harding v. State

Court of Criminal Appeals of Alabama

Decided October 1, 1974

Court of Criminal Appeals of Alabama · decided 1974-10-01

Cited by 3 later decisions — most recently August 1976

2 state decisions

Relies on Morgan v. State · 56 Ala. App. 275 - Clemmons v. State · 55 Ala. App. 544 - Edwards v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-10-01

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¶1*444ON REHEARING

CATES, Presiding Judge.

¶2On a consideration of the application for a rehearing the original affirmance (without opinion) is abated. The cause is remanded to the lower court for consideration of the Youthful Offenders Act.

¶3We are constrained to this action by the cogent dictum in Morgan v. State, 291 Ala. 764, 287 So.2d 914. See also, Edwards v. State, 55 Ala.App. 544, 317 So.2d 511, Pride v. State (8 Div. 537), 55 Ala.App. 575, 317 So.2d 541, and Clemons v. State, 56 Ala.App. 728, 321 So.2d 237, all this day decided.

¶4Accordingly, the application is granted and the cause is

¶5Remanded with directions.

All the Judges concur.
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