YARBER v. STATE

S.C. 2622.

375 So.2d 1229 (1978)

Ex parte State of Alabama ex rel. Attorney General. (Re: Samuel YARBER v. STATE of Alabama).

Supreme Court of Alabama.

July 14, 1978.


Attorney(s) appearing for the Case

William J. Baxley, Montgomery, Atty. Gen. and James L. O'Kelley, Birmingham, Asst. Atty. Gen., for the State, petitioner.

Frederick A. Erben, Birmingham, H. Powell Lipscomb, III, Bessemer, for respondent.


PER CURIAM.

The judgment of the Court of Criminal Appeals is reversed. The opinion of that court affirmatively shows that the evidence was disputed whether Miles was an accomplice. We can appreciate how the Court of Criminal Appeals arrived at its determination, as a matter of law, that Miles was an accomplice because this is a bizarre case. Yarber and Miles, alternatively, as the opinion shows, try to pin the offense on the other.

Yarber was tried first....

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