Mitchell v. State

ON REHEARING

CATES, Judge.

Obedient to the mandate of Code 1940, T. 13, § 66, and cognizant that long opinions on settled law represent a hidden tax on the lawyers who subscribe to the official and Southern Reporter, on August 24, 1976, we affirmed — after review under T. 15, § 389— the judgment of conviction without opinion.

Under Rule 39(k) ARAP as explicated in Ex parte Phelps v. State, Ala., 339 So.2d 124 (1976), we are asked to accept the following as a fair statement of facts:

“In the early evening of October 17,1974, Mitchell, his brother Roy Marshall Mitchell (hereinafter referred to as…