Motion to strike transcript and dismiss appeal for tardy filing of transcript should be denied where record indicates that appellant was represented by appointed counsel and that his indigent status had not been judicially investigated since his representation by said appointed counsel. Brummitt v. State, 44 Ala. App. 78, 203 So.2d 133. Where appellant is an indigent and because of said indigency he is granted special consideration on his appeal, it is error to deny him this special consideration if he later becomes a non-indigent as the same denies him equal protection of the law. Constitution of the United States, Amendment 14; Constitution of Alabama of 1901, Article 1, Sections 6, 13; Brummitt v. State, 44 Ala. App. 78, 203 So.2d 133; Leonard v. State, 43 Ala. App. 454, 192 So.2d 461. Granting an indigent defendant special rights on appeal requires that the same rights be extended to non-indigent appellants under the equal protection clause of the United States Constitution. Constitution of the United States, Amendment 14; Constitution of Alabama of 1901, Sections 6, 13.

ghts. See and compare Willie v. Maggio, 737 F.2d 1372 (5th Cir. 1984); United States v. Dean, 667 F.2d 729 (8th Cir. 1982); Fortenberry v. Maggio, 664 F.2d 1288, 1292 (5th Cir. 1982); United States v. Bruscino, 662 F.2d 450, 458 (7th Cir. 1981); Gibson v. Clanon, 633 F.2d 851 (9th Cir. 1980); United States v.Moten, 582 F.2d 654, 661 (2d Cir. 1978); United States v. Doe, 513 F.2d 709-711 (1st Cir. 1975); Jones v. Norvell, 472 F.2d 1185 (6th Cir. 1973); Gafford v. Warden, U.S. Penitentiary,Leavenworth, Kansas, 434 F.2d 318 (10th Cir. 1970); Alford v.State of North Carolina, 405 F.2d 340, 343 n. 7 (4th Cir. 1968); Lacy v. Gabriel, 567 F. Supp. 467 (1983) cert. denied, ___ U.S. ___, 105 S.Ct. 195, 83 L.Ed.2d 128 affirmed 732 F.2d 7; Tobias v. Smith, 468 F. Supp. 1287 (W.D. New York 1979); United States ex rel. Spero v. Wenzel, 397 F. Supp. 597 (E.D.New York 1975); United States v. Dioguardi, 361 F. Supp. 954 (D.C.N.Y. 1973); United States v. Driscoll, 276 F. Supp. 333 (S.D.New York 1967); Brummitt v. State, 44 Ala. App. 78, 203 So.2d 133 (1967); Wamser v. State, 652 P.2d 98 (Alaska 1982); People v. Hogan, 31 Cal.3d 815, 183 Cal.Rptr. 817, 647 P.2d 93 (1982); State v. Brigandi, 186 Conn. 521, 524, 442 A.2d 927, 937-938 (1982); Oliver v. State, 25 Md. App. 647, 650, 334 A.2d 572, 574 (1975); Commonwealth v.Hunt, 392 Mass. 28, 465 N.E.2d 1195 (1984); State v. Holly, 350 N.W.2d 387 (Minn.App. 1984); Crowe v. State, 84 Nev. 358, 441 P.2d 90, 93 (1968); State v. Mann, 112 N.H. 412, 297 A.2d 664 (1972). When such interference is found, the courts almost uniformly demand that the verdict be set aside.

See also the dissent of Mr. Justice Douglas in Hadley v. Alabama, 409 U.S. 937, 93 S.Ct. 245, 34 L.Ed.2d 190. However, this is not the occasion to overrule Griffin, supra; Leonard v. State, 43 Ala. App. 454, 192 So.2d 461; or Brummitt v. State, 44 Ala. App. 78, 203 So.2d 133. Appeal abated with directions.