COLSTON v. STATE

SC 2183.

350 So.2d 337 (1977)

In re Danny Ray COLSTON v. STATE of Alabama. Ex parte State of Alabama ex rel. Attorney General

Supreme Court of Alabama.

July 8, 1977.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State, petitioner.

No brief for respondent.


MADDOX, Justice.

This Court granted the State's petition for certiorari to review the Court of Criminal Appeals' decision reversing and rendering Colston's conviction of murder in the first degree and sentence to life imprisonment on the ground that Colston, having been tried for robbery, could not be tried for murder of a victim perpetrated by Colston because "[T]he homicide was a part of the violence here invoked by the defendant to perpetrate the robbery."

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