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NAPIER v. STATE

SC 2756.

357 So.2d 1011 (1978)

In re Damon Shelton NAPIER v. STATE. Ex parte Damon Shelton Napier.

Supreme Court of Alabama.

Rehearing Denied April 7, 1978.

Attorney(s) appearing for the Case

David L. Barnett, Mobile, for petitioner.

William J. Baxley, Atty. Gen., Montgomery, Joseph G. L. Marston, III, Sp. Asst. Atty. Gen., Joseph M. Sarto, Prattville, for respondent.

SHORES, Justice.

Napier was indicted and convicted of murder in the first degree in the Circuit Court of Mobile County. On appeal, the Court of Criminal Appeals affirmed and we granted certiorari because the case involves a question of first impression. The facts are fully set out in the opinion of the Court of Criminal Appeals. Napier v. State, 357 So.2d 1001 (1977), and do not need to be restated in detail here. Basically...

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