Evans v. State

Mar 6, 1979
3 Div. 934
Reporters:
,
Before:
Clark

Lead Opinion

On Rehearing

ORDER

LEIGH M. CLARK, Retired Circuit Judge.

The application for rehearing is overruled without further opinion.

HARRIS, P. J„ and BOOKOUT and BOWEN, JJ., concur.





Dissenting Opinion

TYSON and DeCARLO, JJ.,

dissent for reasons stated in Evans v. State, Ala.Cr.App., 362 So.2d 1284; and Prothro v. State, 370 So.2d 740 (Ala.Cr.App.), rehearing overruled, February 20, 1979.

Petition dismissed, Ala., 372 So.2d 37.