BURKES v. STATE

SC 2631.

350 So.2d 1069 (1977)

In re Jerry BURKES v. STATE of Alabama. Ex parte Jerry Burkes.

Supreme Court of Alabama.

November 4, 1977.


PER CURIAM.

Writ quashed as improvidently granted.

TORBERT, C. J., and BLOODWORTH, MADDOX, FAULKNER, JONES, ALMON, SHORES and EMBRY, JJ., concur.

BEATTY, J., dissents.

BEATTY, Justice (dissenting).

I would reverse the conviction because I do not believe there was a conflict in the evidence which justified the jury in finding the petitioner guilty of the lesser included offense rather than the completed offense of rape. The Court of...

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