EX PARTE STATE

82-999, 82-776.

447 So.2d 1334 (1984)

Ex parte State of Alabama. (Re William Lincoln SMITH v. STATE of Alabama). Ex parte State of Alabama. (Re Ex parte David WAKEFIELD). (Re STATE of Alabama v. David WAKEFIELD).

Supreme Court of Alabama.

February 24, 1984.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Joseph G.L. Marston, III, Asst. Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for petitioner.

Jerry K. Selman of Selman, Beaird & Selman, Jasper, for respondent William Lincoln Smith.

Arthur Parker, Birmingham, for respondent David Wakefield.


PER CURIAM.

82-999, THE SMITH CASE

William Lincoln Smith was convicted of manslaughter in which a firearm was used, a class "C" felony, in the Circuit Court of Walker County on May 18, 1982. He was sentenced to 45 years of imprisonment pursuant to Code 1975, § 13A-5-6(a):

"(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: "(1) For...

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