BROWN v. STATE

6 Div. 858.

264 So.2d 549 (1971)

In re Samuel BROWN v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

June 10, 1971.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Joseph Victor Price, Jr., Asst. Atty. Gen., for the State.

Michael J. Romeo, Billy L. Church, Birmingham, for respondent.


MERRILL, Justice.

The decision of the Court of Criminal Appeals has been presented to us for review on the ground that it involves a question of first impression in the appellate courts of this state.

We cannot agree with the majority opinion of that court in the holding that the death sentence of the defendant, Samuel Brown, and by implication, similar sentences of other living defendants can be commuted to life sentences by that court, or that the failure...

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