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EX PARTE FILES

Supreme Court of Alabama.
Mar 29, 1985

Prior report: 468 So.2d 190.

EMBRY, Justice.

WRIT DENIED.

FAULKNER, ALMON and ADAMS, JJ., concur.

TORBERT, C.J., concurs specially.

TORBERT, Chief Justice (concurring specially).

I concur in the denial of the writ; however, I do not necessarily agree with the statement by the Court of Criminal Appeals that the defendant, if he desired a separate ruling on his motion to strike the answer of a witness, should have given the trial court the opportunity to rule on that motion before making his motion for mistrial.