Supreme Court of Alabama January 21, 1983, 81-736 (Ex Parte Woodyard)

Certiorari was granted to resolve an apparent conflict between the holding of the court below in this instance and the decisions of Rorex v. State, 44 Ala. App. 112, 203 So.2d 294 (1967) and Chesnut v. State, 35 Ala. App. 376, 47 So.2d 248 (1950). The facts are all stated in the opinion of the Court of Criminal Appeals, 428 So.2d 136.