EX PARTE JOHNSON

78-670.

399 So.2d 873 (1979)

Ex parte Anthony O'Hara JOHNSON. (Re: Anthony O'Hara Johnson v. State of Alabama).

Supreme Court of Alabama.

December 7, 1979.


Attorney(s) appearing for the Case

Robert W. Gwin, Jr., Birmingham, for petitioner.

Charles A. Graddick, Atty. Gen. and Mary Jane LeCroy, Asst. Atty. Gen., for the State, respondent.


BEATTY, Justice.

The writ of certiorari was granted automatically in this case in which the death penalty was imposed as punishment. Rule 39(c), ARAP. We have carefully reviewed the record and the briefs of the parties on the points raised by the petition, and upon due consideration we affirm the conviction. We reverse and remand for a new sentencing hearing, however.

As noted by the Court of Criminal Appeals, there were two sentencing proceedings in...

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