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LANGFORD v. STATE

SC 2623.

354 So.2d 313 (1977)

In re Heflin Mack LANGFORD v. STATE of Alabama. Ex parte Heflin Mack Langford.

Supreme Court of Alabama.

Rehearing Denied January 6, 1978.

Attorney(s) appearing for the Case

Maury D. Smith, Sterling G. Culpepper, Jr., Charles S. Coody, Montgomery, for petitioner.

William J. Baxley, Atty. Gen. and Mary Jane LeCroy, Asst. Atty. Gen., for the State, opposed.

James H. Evans, Dist. Atty., 15th Jud. Circuit, in opposition to petition for Writ of Certiorari, amicus curiae.

John D. Whetstone, Executive Director, Montgomery, Office of Prosecution Services, adopts brief of James H. Evans, amicus curiae.

JONES, Justice.

This case, before the Court upon writ of certiorari, involves a review of a conviction of murder in the first degree for the homicide of an individual by an automobile driver under the influence of alcohol. Whether one may be convicted of murder in the first degree under such circumstances is a question which has never been decided by this Court. The Court of Criminal Appeals affirmed the judgment rendered by the trial Court. We reverse and remand...

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