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CLEMENTS v. STATE

No. 77-643.

370 So.2d 723 (1979)

In re Roy Frank CLEMENTS v. STATE of Alabama. Ex parte Roy Frank Clements.

Supreme Court of Alabama.

Rehearing Denied March 30, 1979.

Attorney(s) appearing for the Case

Jack Floyd and James E. Hedgspeth, Jr., Rowan S. Bone and J. Edward Cunningham, Gadsden, for petitioner.

William J. Baxley, Atty. Gen. and J. Anthony McLain, Asst. Atty. Gen., for the State, opposed.

Charles A. Graddick, Atty. Gen. and J. Anthony McLain, Asst. Atty. Gen., for the State, on rehearing.

BLOODWORTH, Justice.

This petition for writ of certiorari to the Court of Criminal Appeals was granted because the death penalty was imposed as punishment and the judgment of conviction and sentence to death was affirmed by that Court. Rule 39(c) A.R.A.P. We affirm in part, reverse in part, and remand because the jury found the petitioner guilty of a charge entirely different from that charged in the indictment, and, moreover...

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